The more and more you look at AG Gonzales’ letter on the Domestic Survelliance/FISA issue, the more you see that rather than the administration backing down, they in fact solidified the program.

My sources tell me that this move has been in the works - as indeed the AG wrote - for a long time. As we say the program is effectually “bulletproof”.

Orin Kerr:

“If this does involve a blanket order approving the entire program, it would seem to be a very clever move by DOJ. It would achieve four things, as I see it. First, it would make the TSP program very difficult to challenge. I gather no one would have standing to appeal the FISC order to the FISA Court of Review; even if the FISC order is unlawful, it’s unclear as a procedural matter how it could be challenged. Second, it might moot the pending NSA litigation, or at least render any opinion in that case of very limited consequence. Third, it puts the Administration in the position of having obtained a court order, so that even if the order is unlawful it’s “the judge’s decision” rather than the Executive’s. And fourth, it might help persuade the press to focus elsewhere; the press would be sure to present this as a concession to the Administration’s critics (as the N.Y. Times did today), and the press is likely to be much less interested after they think the Administration has backed down.”

Watching the the more rabid critics on the left, and their buds in the MSM it’s clear that they have no clue what hit them, but it’s going to be fun to watch them when they do.