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The Washington Post's first installment of excerpts from the Gellman book contains this revealing paragraph:
This program, Cheney said, was vital. Turning it off would leave us blind. Hayden, the NSA chief, pitched in: Even if the program had yet to produce blockbuster results, it was the only real hope of discovering sleeper agents before they could act.
So Hayden confessed the program(s) had achieved substantially nothing. So why was it so necessary to break the law?