The Honorable Charles Schumer sent a letter to the Department of Justice seeking an update on the legal justifications for the NSA Spying Program in light of the Hamdan vs. Rumsfeld decision, and the DOJ has responded (.pdf). Unless you're hopelessly knave, the content of the response will not come as a surprise. Outrageously, they contend that Hamdan has no bearing on the NSA program.
The DOJ maintains that the AUMF silently amended FISA to allow the program - despite the fact, by Hamdan, it does not silently amend the Uniform Code of Military Justice. The DOJ contends that Congress has no power to regulate the President's wartime surveillance powers - despite the fact that Hamdan holds that Congress has the power to regulate the War Powers of the President in regards to military tribunals.
Hamdan vs Rumsfeld is our generation's Steel Seizure. We just need some forceful action from Congress in order to convince the Bush Administration of this fact.
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