On the other hand, here is the AG with Hugh talking about probable cause:

Well, the problem with Senator DeWine’s amendment, and I haven’t looked at that in a while, is that it purported to amend the standard from probable cause to a lesser standard. And the standard is not the problem. In fact, the standard that is used under the president’s program is…the probable cause standard, is a reasonable basis to believe standard, which is, as we know from various Supreme Court cases, that’s this standard of probable cause. The problem was…and so changing that, changing the standard wouldn’t have solved the problem. The problem was…is that there are procedures that are different in FISA, from the procedures used in the…under the president’s program, and those procedures make all the difference in the world for operational reasons, which I can’t discuss publicly. But it makes all the difference in the world, in terms of being effective in responding to this new kind of threat by al Qaeda.