Judge Narragansett shrugged a long time ago.

This reminds me of the thing where the gov't obtains evidence against criminals using secret means and then goes back and tries to find a way that would have been legal to have obtained the evidence. They never tell the jury that they originally got the evidence illegally.

It seems like NSA and other gov't agencies related to law enforcement have a persistent problem of lying and thinking it's okay if you do it within certain parameters.