Bush's AG has argued that the President was authorised to do wiretapping of US citizens because Congress's support for the war included "all necessary and appropriate force".
Now firstly, wiretapping is not "force". But even so, Tom Daschle explains that Congress never authorized anything of the sort:
As drafted, and as finally passed, the resolution authorised the President "to use all necessary and appropriate force against those nations, organisations or persons" who "planned, authorised, committed or aided" the September 11 attacks.
"Literally minutes before the Senate cast its vote, the Administration sought to add the words 'in the United States and' after 'appropriate force' in the agreed-upon text," Mr Daschle wrote.
"This last-minute change would have given the president broad authority to exercise expansive powers not just overseas … but right here in the United States, potentially against American citizens. I could see no justification for Congress to accede to this extraordinary request for additional authority. I refused."