Whatever the policy argument for warrantless wiretaps may be, the legal justification cited for launching them in a manner contrary to standing law completely undercuts our entire system of government.
The White House’s explanation of why they should be allowed to override FISA is based on a plainly unreasonable reading of the Authorization of the Use of Military Force resolution. Whatever standard of interpretation reads that as repealing FISA or creating some special exemption to it would allow you to construe the resolution as authorizing pretty much anything.
Reading Yglesias –and to be fair, many, many others– on this topic is like asking my listeners to hear me out on automobile repair. They know some terms, have grabbed some concepts, and rush out the door screaming incoherent conclusions.