Sounds like John Boehner is deliberately trying to deceive. They don't seek FISA warrants unless the start or end point is the USA. It doesn't matter if the communications cross USA. So FISA would never have been asked to rule on that.
To be refused a FISA warrant they were breaking one of these requirements:
* Spying on Americans exercising their first amendment rights (3.a).
* Spying where no terrorist is suspected (3.b)
* Blanket spying on US citizens (4)
* Refusing to say who they are spying on or why (5)
And that's just the program that's been referred to FISA, the other ones Gonzales mentions in his testimony remain unexamined.