The fundamental problem with what Bush did gentlemen . . . is that he has no check on his power by going about this in this manner.  I don't know if it is "illegal" and I don't want him impeached, censured, bullied or belittled.  But he should stop his unchecked approach!  This is the fundamental problem with the Bush approach to everything.  He thinks he can grab US citizens off the streets and lock them up in a military brig without anyone but him addressing the issue.  He thinks he can wiretap people and have nothing as a check.  The POTUS is the only branch of government that is ONE MAN.  He is essentially setting himself up as dictator of civil rights for all American citizens and this is contrary to the Constitution and US law . . . as Scalia pointed out in Hamdi v. Rumsfeld.  Now, I think Bush is doing this because he thinks its right not out of some evil nature to take over.  However, many things have been done in that way previously that are looked upon now as wrong.  Bush is NOT a king!  I personally don't see a reason why he could not have followed the law exactly and gone to a FISA court 72hrs after the fact and gotten oversight.  If things are as he claims, FISA would have rubber stamped it all . . . flaccid check on power but one nonetheless.  Or he could go to Congress and get a law specifically granting him unchecked power in this area.  You see all the laws governing this to date and the nature of the Constitution provides for CHECKS and BALANCES . . . Bush's approach abandons this . . . and this is the problem.