'Shift Supervisors' Approved Surveillance

From The Washington Post: According to Hayden [former NSA Director], most warrantless surveillance conducted under Bush's authorization lasts just days or weeks, and requires only the approval of a shift supervisor. Hayden said getting retroactive court approval is inefficient because it "involves marshaling arguments" and "looping paperwork around." The failure to retroactively certify the surveillance under FISA rules wasn't a matter of national security then, it was a matter of convenience. More... He acknowledged that the administration discussed introducing legislation explicitly permitting such domestic spying but decided against it because it "would be difficult, if not impossible" to pass. Hayden establishes the mens rea for the alleged crime here. Congress cannot be trusted to give the executive what it needs ergo there's no point in even asking. The legislative branch is irrelevant on the matter and as such its law can be broken as the executive sees fit. Reporters had better hurry—it's unlikely General Hayden will be allowed to spontaneously leak candor for very much longer.