I'm down to my pin feathers and join with Huffpost:  Arianna Huffington

Seven Things Barack Obama Should Do to Keep from Blowing It

7) Heed the old Texas advice of Dandy Don Meredith and Molly Ivins: "You got to dance with them that brung you."

Voters longing for hope, inspiration, a new kind of politics, and fundamental change are "them that brung you" to the big dance. Don't let the pundits, the advisors, and the cowards convince you to let someone else cut in.

TPM gathers the timeline of Obama's FISA flip flop

Perhaps Obama will take cover, get some spine with this new ruling by federal judge on FISA: NYT- Judge Rejects Bush's View on Wiretaps

WASHINGTON -- A federal judge in California said Wednesday that the wiretapping law established by Congress was the "exclusive" means for the president to eavesdrop on Americans, and he rejected the government's claim that the president's constitutional authority as commander in chief trumped that law.

The judge, Vaughn R. Walker, the chief judge for the Northern District of California, made his findings in a ruling on a lawsuit brought by an Oregon charity. The group says it has evidence of an illegal wiretap used against it by the National Security Agency under the secret surveillance program established by President Bush after the terrorist attacks of Sept. 11, 2001.

The Justice Department has tried for more than two years to kill the lawsuit, saying any surveillance of the charity or other entities was a "state secret" and citing the president's constitutional power as commander in chief to order wiretaps without a warrant from a court under the agency's program.
But Judge Walker, who was appointed to the bench by former President George Bush, rejected those central claims in his 56-page ruling. He said the rules for surveillance were clearly established by Congress in 1978 under the Foreign Intelligence Surveillance Act, which requires the government to get a warrant from a secret court.

"Congress appears clearly to have intended to -- and did -- establish the exclusive means for foreign intelligence activities to be conducted," the judge wrote. "Whatever power the executive may otherwise have had in this regard, FISA limits the power of the executive branch to conduct such activities and it limits the executive branch's authority to assert the state secrets privilege in response to challenges to the legality of its foreign intelligence surveillance activities."

Judge Walker's voice carries extra weight because all the lawsuits involving telephone companies that took part in the N.S.A. program have been consolidated and are being heard in his court.[.]

The immunity issue would not directly affect this lawsuit because Al-Haramain is suing the government, not the phone companies. But the nearly 40 other lawsuits against phone companies that Judge Walker is overseeing would almost certainly have to be dismissed if immunity is signed into law, legal analysts say.