Oh, and By The Way,

That meme about how FISA was written for a different time ("Secondly, the FISA law was written in 1978. We're having this discussion in 2006. It's a different world.")?

When offered the opportunity to comment on an amendment to the FISA law in 2002, they opposed it. The story was broken by blogger Glenn Greewald:

During that time, the Administration was asked to advise Congress as to its position on this proposed amendment to loosen the standard for obtaining FISA warrants, and in response, they submitted a Statement from James A. Baker, the Justice Department lawyer who oversees that DoJ's Office of Intelligence Policy and Review, which is the group that "prepares and presents all applications for electronic surveillance and physical search under the Act to the Foreign Intelligence Surveillance Court (FISA Court or Court)." If anyone would be familiar with problems in obtaining FISA warrants, it would be Baker.

And yet, look at what Baker said in his Statement. He began by effusively praising the Patriot Act on the ground that the 72-hour window provided by the Patriot Act had given the Administration the speed and flexibility it needed in order to engage in eavesdropping:

The reforms in those measures (the PATRIOT Act) have affected every single application made by the Department for electronic surveillance or physical search of suspected terrorists and have enabled the government to become quicker, more flexible, and more focused in going "up" on those suspected terrorists in the United States.

One simple but important change that Congress made was to lengthen the time period for us to bring to court applications in support of Attorney General-authorized emergency FISAs. This modification has allowed us to make full and effective use of FISA's pre-existing emergency provisions to ensure that the government acts swiftly to respond to terrorist threats. Again, we are grateful for the tools Congress provided us last fall for the fight against terrorism. Thank you.

And then, regarding DeWine's specific proposal to lower the evidentiary standard required for a FISA warrant, Baker said that:

The Department of Justice has been studying Sen. DeWine's proposed legislation. Because the proposed change raises both significant legal and practical issues, the Administration at this time is not prepared to support it.

I guess that since they'd already decided to ignore it, they didn't want to bother amending it.