Re:If You Used TorMail, the FBI Has Your Inbox
by john_b on Monday January 27, 2014 @04:51PM
(#7133530)
There is more subtlety in this case. The NSA has interpreted the law in a specific way which justifies their activities. If the Supreme Court later determines that interpretation is invalid, they most definitely can be convicted of a crime. If the Supreme Court instead determines that their interpretation of the law was valid, but that the law itself was unconstitutional, then ex post facto protection would apply.
As are you and I. You can't be retroactively convicted of a crime if it was not against the law at the time.