>>Are we going to have a system of law and order where certain evidence is presented or not solely depending on the decisions of the executive branch? No, in t

>>Are we going to have a system of law and order where certain evidence is presented or not solely depending on the decisions of the executive branch? No, in the absence of a FISA order the information cannot be released. This isn't a legel dilemma at the moment(ethically certainly). There are almost certainly implied constitutional protections on the use of the data. The only interesting exception would be if someone decided to waive their protections and petitioned the courts to grant access to their phone records. The courts may allow this as no constitutional rights would be violated and no else would have an interest in preventing this(except the Government possibly).