This exchange happened JUST as DU went down, so I am not sure if it has been posted on since. But it was, to me, the most memorable moment of this morning's Judiciary hearing. Essentially, it went like this:

Difi: "About FISA, you say that the President has the authority to wiretap Americans without warrants due to his war powers under Article 2, correct?"
Gonzo: "Yes."
Difi: "And I got a letter from your associate saying that the President could act because Congress had not set up a statute. Well, that's not true. The FISA law clearly says that the President can eavesdrop without warrants for 15 days after a declaration of war."
Gonzo: "Yes, but we didn't have a declaration of war, only an authorization to use military force, so we couldn't work with that provision."
Difi: "So you're saying that the AUMF does not amount to a declaration of war?"
Gonzo: "Obviously they are different."
Difi: "So if the AUMF is not a declaration of war, the president shouldn't have WAR powers!"

Gonzo: "................."

(whispers in the chamber...)

Oh, Difi... All is forgiven...