Who's been in power?

Eric Lichtblau writes this as if it's the Democrats fault that the warrantless wiretapping continues unabated:

WASHINGTON, Nov. 24 — When President Bush went on national television one Saturday morning last December to acknowledge the existence of a secret wiretapping program outside the courts, the fallout was fierce and immediate.

Mr. Bush’s opponents accused him of breaking the law, with a few even calling for his impeachment. His backers demanded that he be given express legal authority to do what he had done. Law professors talked, civil rights groups sued and a federal judge in Detroit declared the wiretapping program unconstitutional.

But as Democrats prepare to take over on Capitol Hill, not much has really changed. For all the sound and fury in the last year, the National Security Agency’s wiretapping program continues uninterrupted, with no definitive action by either Congress or the courts on what, if anything, to do about it, and little chance of a breakthrough in the lame-duck Congress.

I mean, come on. Just who's been in power? And, who's still in power during the rest of the lame-duck Congress?