Early Warning by William M. Arkin - washingtonpost.com: "On Wednesday, the top Democrat on the House Intelligence Committee Rep. Jane Harman (D-CA) wrote to President Bush stating that though she -- as a member of the so-called 'gang of eight' -- had been briefed on this and other highly classified programs, she has now 'reviewed the law and now believe that the practice of briefing only certain Members of the intelligence committees violates the specific requirements of the National Security Act of 1947.'
I think that Rep. Harman is going to find that the President indeed acted under his authority in the Constitution, under the National Security Act, and under a web of other statutes, including implicit Congressional consent. If Rep. Harmon desires to rewrite the National Security Act for the modern era, she'd have my support. But short of changing existing law and implementing better rules for Congressional oversight of secret programs, little will come of the NSA scandal.
The problem is that the Congress has become so co-opted into the secret world that it has sacrificed its own Constitutional independence and authority. "