Gawain, you sound like your typical Dubya cheerleading self. However, looking at that review, I found it badly flawed, and inherently contradictory. As such, I'm left with the impression that it's conclusions are wrong and would be overturned if they were reviewed.

Clearly Bush sought to flaunt in the face of FISA in spite of a review that should have given him plenty of latitude. In fact, that makes his actions even MORE disturbing. The review court had given him the discretion he sought, but rather than use it he bypassed the entire process. It is an abuse of power unless FISA itself is unconstitutional. So far I've not seen that used as the basic defense.

One could make the case for it being an abuse of power regardless. Executive powers can be misused, even if legal.