What do you think the difference is? I mean isn't it possible that a) Bush and many in his administration believed their professed legal theory that the AUMF allowed surveillance beyond that authorized by FISA so long as it was targeted at Al Qaeda and related groups and b) the programs were so targeted and purely domestic intercepts were screened and destroyed?

There's obviously a distinction now that the programs have FISA warrants associated with them, but it's not one I can get too worked up about.