Gonzales said that while FISA prohibits eavesdropping without court approval, it makes an exception where Congress "otherwise authorizes." That authorization, he said, was implicit in the authorization for the use of military force in Afghanistan following the Sept. 11 attacks.

If someone would like to explain how NSA doing wiretaps is use of military force, this argument would have a better chance of floating.

Bush Defends Eavesdropping Program