According to the Post
, the reason for the administration's feverish effort to get legislation to expand its surveillance powers under FISA is that earlier this year a FISA Court judge declared a key portion of the administration's program illegal. The ruling of course was secret. And it seems that until now the White House had kept this information hidden from Congress.
So why are we finding this out now? Well, that's another interesting story. Minority Leader John Boehner (R-OH) went on Fox News Tuesday night and discussed the whole thing. But the very existence of the ruling is highly classified. So it seems he publicly revealed highly classified information.
Needless to say, his flack disagrees: claims that Boehner leaked classified secrets on Fox News are "just plain wrong and distracts from the critical task at hand -- fixing FISA to close the serious intelligence gaps that are jeopardizing our national security."