From the December 18 Edition of "Face the Nation":
Senator JOSEPH BIDEN (Democrat, Delaware; Ranking, Foreign Relations Committee): Well, I'm the guy that drafted the FISA Act 25 years ago on the Judiciary Committee, one of the three people, and we set it up--it's a secret court allowing the president to wiretap anybody, intercept anything for up to 75 hours. They can in the meantime go into that court and say, `I needed to do this.' If there's a reason the court thinks is under the Constitution permissible, they're allowed to do it. If it turns out they're not allowed to do it, they have to destroy the evidence.
So I just don't get it. He already has the authority under the FISA court to go in and intercept anything he wants up to 72 hours. This is neither, I think, legal, nor is it necessary what he's been doing. It is a little bit frightening how broadly he asserts his authority as commander in chief, where the guy hasn't shown very good judgment on torture or a lot of other things.