Right, and since a judge likely hasnt ruled on this yet (at least in a non-secret court) the government would have to order that when they received the letter,

Right, and since a judge likely hasnt ruled on this yet (at least in a non-secret court) the government would have to order that when they received the letter, or they could do it and then get slapped later. Just because a thing is potentially illegal doesnt mean you cant do it and fight it later, which is something a multinational company with xx billion dollars could sure and try.