Judge rules FISA is "exclusive" means for wiretapping -- POTUS can't use CinC power

Sure.

An appellate court has several different “modes” of review.

When a trial court has made a finding of fact, the appellate court is pretty much bound to accept it. The only way a finding of fact may be disturbed on appeal is if the appellate court determines that it’s without any support in the record.

But a conclusion of law is different. When a trial court reaches a conclusion about what the law is, the appellate court has no particular deference for that conclusion. They don’t give it any weight at all; they consider the question afresh, anew, from the beginning – “de novo”.