Wartime Fisa

Here's another close-in defense weapon the administration will likely use in the NSA argument. From subsection 1811:

Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for a period not to exceed fifteen calendar days following a declaration of war by the Congress.

Does the "specific statutory authorization" in the AUMF constitute a "declaration of war by the Congress?"

Dollars to donuts, when push comes to biff, Gonzales will argue that it did.

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This clause, by the way, is the first instance I've found of a specific power granted to the President by Congress in a time of "declared war."

Whether this piece of legislature is constitutional is another question.