The president did seek congressional suppport for gathering foreign intelligence but <a href=”http://www.washingtonpost.com/wp-dyn/content/article/2005/12/22/AR2005122201101_pf.html

“>was rejected.

As the statutory route was blocked, he exercised his constitutional authority. Now, that doesn’t mean, as Tom Daschle asserts, he therefore didn’t believe he had the constitutional authority to act. It simply means he thought it would be better if Congress supported his efforts to protect the nation.