So the government should just secretly break the law on surveilling its citizens, and we should chuck checks and balances out the window? There may be times when rules should be broken. This is not one of them. The power of information is vast and frankly terrifying in the wrong hands. Any individual can be destroyed given the right information about them.
The appearance of prejudical application of law is masked as well as possible ,but it is a reality and one we should not pretend does not exist.
The people in here that espouse a rigid view of right and wrong IMO are conditioned by a lifetime of doctrine.
There are times when rules must be bent or broken.