Surveillance point and counterpoint

Some of the sharpest and most amusing commentary in the blogosphere can be found on the post threads. Here's an example from Chicago Law Professor Cass Sunstein's post, Presidential Wiretaps.

First, this comment:

It seems probable that the administration did not seek FISA authorization for the surveillance because it thought it would not get approval from the special court.(bold added) Approval, including ex post approval, is apparently pretty easy to obtain.

Doesn't that suggest that the surveillance went beyond "those reasonably believed to be associated with Al Qaeda and its affiliates"?

About five comments down, there's a response that includes this:

I agree with most of (the previous commentator's) words but completely disagree with his thoughts and conclusion. Here's my version of his political thoughts-edited for fairness.

It seems probable that the administration did not seek FISA authorization for the surveillance because it thought it unnecessary, even though approval, including ex post facto approval, is apparently pretty easy to obtain. (bold added)

Doesn't that suggest that the administration underestimated its political enemies, the Democrats, and their print arm, the NYT etc.

You just have to smile.