Sorry Benjamin but I am not buying it. First Congress has never declared war on anyone since WWII so this blows one of his arguments out of the water.
Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for a period not to exceed fifteen calendar days following a declaration of war by the Congress.
Furthermore the link you posted stated that this can be used against a person that...
knowingly engages in sabotage or international terrorism, or activities that are in preparation therefor, for or on behalf of a foreign power;
So it still looks like these taps on individuals talking about terrorism with foreigners is legal.