Over at the VC, Eugene Volokh has an excellent post criticizing convictions of individuals under state wiretapping laws for secretly recording their encounters with the police. He quotes Commonwealth v. Hyde, 750 N.E.2d 963 (Mass. 2001), which states:
For the past several months, Congress has been wrangling over how to amend the Foreign Intelligence Surveillance Act to allow for the NSA warrantless surveillance program. The fact that the NSA surveillance program was clearly illegal — even under charitablecreativedubiously-plausible fantastical interpretations of the law — seems to have quickly been forgotten. The focus now is on how to make it all legal. After all, if the President violates the law, it’s much easier to change the law than to do anything about it.