It seems we're not quite there, yet, as you can plainly see here, where Alberto Gonzales does a lot of hand-waving, dodging, and dashing in response to the question, "If FISA didn't work, why didn't you seek a new statute that allowed something like this legally?"
That question was asked earlier. We've had discussions with members of Congress, certain members of Congress, about whether or not we could get an amendment to FISA, and we were advised that that was not likely to be -- that was not something we could likely get, certainly not without jeopardizing the existence of the program, and therefore, killing the program. And that -- and so a decision was made that because we felt that the authorities were there, that we should continue moving forward with this program.
My translation: "It wasn't bloody likely that we would be able to do what we wanted legally, but we went ahead and did it anyway."