A Congressional Research Service report "concludes that the administration's justification for warrantless eavesdropping authorized by President Bush conflicts with existing law and hinges on weak legal arguments," the Washington Post reports.
"The 44-page report said that Bush probably cannot claim the broad presidential powers he has relied upon as authority to order the secret monitoring of calls made by U.S. citizens since the fall of 2001... The report also concluded that Bush's assertion that Congress authorized such eavesdropping to detect and fight terrorists does not appear to be supported by the special resolution that Congress approved after the Sept. 11, 2001, terrorist attacks, which focused on authorizing the president to use military force."