This is the Roosevelt defense?
The President and his staff, among other excuses, have suggested that other Presidents have used the same reasoning he has for violating the law and eavesdropping on Americans. Of course, these Presidents operated under a non-FISA law era, so the point is fairly moot.
But Sen Pat Roberts (R-KS) makes this argument on Meet the Press this weekend:
SEN. ROBERTS: He already has the constitutional authority, regardless of the use of force issue, as did Roosevelt when the Supreme Court said, "No, you can't do that," and he did it anyway and said, "It's too late after an attack."
So the precedent is ignoring the ruling of the Supreme Court? That's the authority that the President claims, the authority to completely cast aside branches of government that do not agree with him? And who decided that the President has such authority? I'm going to guess it wasn't the Supreme Court.