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Uh, OK I'm a Canuck but even I know that the Congress gets to make the laws and since congress was briefed on the program methinks it was not illegal?

No one so far commented directly on this (or I just missed it?), so I will.

That is completely wrong. Just because Congress passes a law doesn't mean it is legal. Far from it. Just this week DOMA (a Congress-passed law) was struck down as illegal (or, more precisely, unConstitutional).

What you're proposing would be autocratic: the rulers get to make the rules. Reminiscent of Nixon "if the President does it it's not illegal". That's not how it is. There are limits on what the rulers can do.

At least for now.
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