Judge Nap: Obama Wiretap Order Would Be 'Profoundly Unconstitutional But Legal' | Fox News Insider:
"He added that the FISA statute states "the President of the United States can order surveillance on any person in the United States in conjunction with a certification filed by the attorney general."
"It's profoundly unconstitutional but it is legal because the statute says it," said Napolitano. "Think about this: if you're Barack Obama and you have the ability by making a phone call to hear what Donald Trump is saying, would you bother getting a warrant? Why would you get a warrant?""