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Comey's dramatic disclosure should prompt a renewed Senate investigation. I also think a special counsel is clearly warranted now.
Two facts worth noting:
* We know from previous reporting in Newsweek that OLC's official thinking about executive power changed after Jack Goldsmith took over from Jay Bybee. That was likely a big factor in DOJ's legal reconsideration of the surveillance program in 2004. We still don't have the before-and-after secret OLC opinions.
* Note that nowhere in Comey's story are NSA officials mentioned. But FBI Director Robert Mueller was a central player in the drama -- he even met personally with President Bush -- and also was one who threatened resignation. This indicates that, whatever was going on before the program was modified, those activities were being conducted by the FBI, not just the NSA. That could mean purely domestic unwarranted wiretaps, unwarranted black-bag jobs, or similar misconduct.
