You're going to get fat if you keep eating all that spoonfed bullshit they are feeding you, man.
You might not want to hear it, but it's a fact.
According to everything we've heard so far, the program currently operates under FISA rules for obtaining warrants. During the Bush administration there was a practice of using wiretaps without warrants, and administration officials publicly defended the practice by arguing that in national security emergencies (defined as roughly the entire WoT) the executive's judgment got precedence over statutory law.
So in one case the issue is whether FISA is a sufficient constraint for providing transparency and limiting surveillance to appropriate cases, and in the other case the issue is whether the NSA and FBI are required to actually follow the law or whether they can just disregard FISA in the face of an ongoing national security threat. If you want to argue that FISA's so weak in practice that the distinction is moot, you're welcome to do so.
Or you could keep acting like a dick for no apparent reason.