Last year, Bush wanted to ease public concerns about civil liberties in the post-9/11 era, so he emphasized the significance of court orders (via Atrios).
“[T]here are such things as roving wiretaps. Now, by the way, any time you hear the United States government talking about wiretap, it requires — a wiretap requires a court order. Nothing has changed, by the way. When we’re talking about chasing down terrorists, we’re talking about getting a court order before we do so. It’s important for our fellow citizens to understand, when you think Patriot Act, constitutional guarantees are in place when it comes to doing what is necessary to protect our homeland, because we value the Constitution.”
Granted, this was in the context of a discussion on the Patriot Act, not FISA. But given the president’s unambiguous declaration that court orders and “constitutional guarantees” are necessary, even when “chasing down terrorists,” it’s the kind of comment that’s awfully inconvenient for the White House now, isn’t it?