While not directly related to F&F or Gunwalker, this is related in "Abuse" by the DOJ and associates. Why bother with constitutional safe guards if one can bypass them and then block review by the courts.
http://www.foxnews.com/us/2011/08/02...n-fbi-lawsuit/
"The government's position here is the FBI's conduct should be beyond the review of the courts, which would render the protections of the constitution meaningless," Bibring said. "Following the government's argument, any domestic law enforcement operation deemed to effect national security would be beyond review."