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The whole "probable cause" thing AFAIK ( IANAL, either ) is a slippery-slope type argument along the lines of "any reasonable judge anywhere would give you a warrant ( given the obvious evidence), so you can act as if you have one in this case"... but I've only ever heard of it applied in cases of searches where clear evidence is present ( though the definition of "clear" has been getting lower and lower ), and in cases where it's abused, the music magazine searching law officer can open music magazine themselves up to charges or, more often, end music magazine up with evidence being thrown out as a result of unlawful search ( again, this happens less and less ). My best guess ( without knowing how the secret program operated ) is that they're randomly intercepting any and all foreign-routed calls ( and maybe others ), in such a way that even the most pro-government judge would hesitate to authorize so many unfocused, unfounded wiretaps, and for whatever reason, they decided that asking Congress for permission to do what they wanted either wasn't needed or wouldn't work.
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