The Raw Story | Nonpartisan arm of Congress says wiretaps may be illegal: "A 44-page nonpartisan Congressional Research Service report on whether President Bush had the legal authority to impose surveillance on international calls without consulting Congress found that Bush's claim of executive power was not 'well grounded' in law, RAW STORY has learned."

...

"It noted that Congress has had an active role in regulating surveillance, and was unlikely to inherently defer to the executive branch.

"The history of Congress? active involvement in regulating electronic surveillance within the United States leaves little room for arguing that Congress has accepted by acquiescence the NSA operations here at issue," the report said.

?It appears unlikely that a court would hold that Congress has expressly or impliedly authorized the NSA electronic surveillance operations here under discussion," it added.

The attorneys said the spying's legality is specifically tied to whether the authorization for war inherently validated the President's order.

?Whether such electronic surveillances are contemplated by the term ?all necessary and appropriate force?...turns on whether they are... an essential element of waging war,? the report said.

"It did, however, suggest that some courts might have allowed the move."

Raw Story has a link to the full .pdf of the CRS report.