Glenn Greenwald, who I hear knows a thing or two about the law, points out here that the Administration refused to support an amendment to the PATRIOT Act that was - well, let him describe it:
[I]n 2 different respects, DeWine's FISA amendment was much, much less draconian than what the Administration was already secretly doing (i.e., lowering the evidentiary standard but (i) eliminating judicial oversight, and (ii) applying these changes not just to non-U.S. persons but also to U.S. persons). Thus, Congress refused to approve -- and the DoJ even refused to endorse -- a program much less extreme and draconian than the Administration's secret FISA bypass program.
Go take a look. With facts and everything. Then wonder why they would secretly run a program of domestic, warrantless, illegal spying on American citizens, when they thought that amending the law to lower the standard of proof to spy on terrorists would be unconstitutional.
Surprise! Bush and his Administration are lying to us. Again.