What’s the point of doing due diligence, exactly? To prevent a situation that will go unpunished once the agents claim qualified immunity and the agency will just ignore? If there is no feedback mechanism to discourage an action, it will happen if it’s the easiest course of action.

For reference, the CIA penetrated senate computers to delete evidence of their own actions and spy on senators under John Brennan without consequence while the NSA engineered a mass domestic surveillance program and its director perjured himself in televised sworn testimony, executive branch LEO & intelligence doesn’t respect any of the supposed separations between the branches, because there is no consequence.