Note first the FBI letter refers to "the unauthorized disclosure of classified information regarding the Presidentially-authorized NSA program". This isn't described as the Constitutionally-allowed or the legal program; it is merely Presidentially-authorized.
Next, we have the esteemed Speaker Pelosi. From her letter to Hayden in Glenn's link:
Therefore, I am concerned whether, and to what extent, the National Security Agency has received specific presidential authorization for the operations you are conducting. Until I understand better the legal analysis regarding the sufficiency of the authority which underlies your decision on the appropriate way to proceed on this matter, I will continue to be concerned.
The Speaker is "concerned" about the practice, that is, unless it has received "specific presidential authorization". That would appear to be the only requirement for what Pelosi deems to be the "legal analysis regarding the sufficiency of the authority which underlies" the actions. The Constitution, Federal statutes and the US Code of Federal Regulations are just so quaint.
Just wow.
Much of the initial coverage about Fort Hood turned out to be wrong. Is there anything wrong with that?
The accountability imposed by another country for the CIA's kidnapping and torture reveals much about our own.
Fox News' morning show plays to type, talking about whether Muslims in the Army should face "special debriefings"
219 Democrats and one Republican join in favor of the legislation, which passed by a narrow margin
The survivor and author is upset about comparisons some on the right are making to genocide
Salon headlines in your mailbox