Cheney had convinced all other Republican committee members to take his side without even talking to the committee chairman. Specter explains this in an open letter to Cheney.
Mr.[Warren Comission] Specter, who had been considering issuing subpoenas to compel telephone company executives to testify, learned of Mr. Cheney's actions only when he went into a closed meeting of the committee's Republicans on Tuesday afternoon, shortly after encountering the vice president at a weekly luncheon of all Senate Republicans.
[...]
"I was surprised, to say the least, that you sought to influence, really determine, the action of the committee without calling me first, or at least calling me at some point," Mr. Specter wrote. "This was especially perplexing since we both attended the Republican senators caucus lunch yesterday and I walked directly in front of yo
u on at least two occasions en route from the buffet to my table."
Addendum:
Specter's letter (PDF)
There is no doubt that the NSA program violates the Foreign Intelligence Surveillance Act which sets forth the exclusive procedure for domestic wiretaps which requires the approval of the FISA Court. It may be that the President has inherent authority under Article II to trump that statute but the President does not have a blank check and the determination on whether the President has such Article II power calls for a balancing test which requires knowing what the surveillance program constitutes.
American Enantiodromia plunges Icarus to the cold hard ground.
It seems one must look (read: see) with the eyes of an MC Escher; an impossible chessboard. A POLARISATION method of the grand shellgame. "Suicidally beautiful."
"AMERICA FEELS LIKE IT'S UNRAVELING..."