Anyway, the argument that the AUMF contained a completely unexpressed congressional intent to empower the president to disregard the FISA regime is risible coming from this administration. It famously opposes those who discover unstated meanings in the Constitution's text and do not strictly construe the language of statutes.
Indeed. And really, if Bill Clinton had made this argument, would Republicans be lining up to say, sure, he's the CIC and he has inherent powers to do whatever he wants? When we win back the Presidency (okay, if), will they still argue that he has those powers? Or will suddenly the GWOT be over and we have to go back to Congress not defering to the President?