The FBI was using NSA data and information from the start of the Boston Marathon Bombing investigation. At that time, before Snowden, they intended to conceal that from the public and the jury in the trial. So from the very start the FBI had a plan to deceive the jury in the Boston Marathon Bombing trial as to how they did the investigation.
Juries form their opinion of a case based on understanding how it was investigated. This is part of the credibility of the government is to tell the jury how they discovered information. The jury uses testimony about how the investigation was done to determine if the government is lying or planted evidence or was involved somehow.
By concealing from the jury how the investigation was done, and fabricating a false version, the FBI intends to undermine the jury’s ability to assess the credibility of government testimony. This is denial of due process of law and of the right to a trial by jury.
When the government lies to the jury about how the investigation was done, it undermines the ability of the jury to tell if the government is lying. Since the person is to be convicted based on government testimony, this means the right to a jury trial is denied.
The way a trial works is if the jury can find out the government as lying in one thing, it can distrust it on all things. So when the FBI plans to deceive the jury on how it did the investigation, it has already done enough for the jury to distrust it and everything it says.
The same applies to the FBI NSA DOJ plan to deceive the public and Congress. Their plan is to deceive the public and Congress. Their plan is to get government funds and pay them to their contractor buddies at Booz Allen and Chertoff Group and then lie to Congress about what the money was spent on.
When the NSA CIA types lied to Congress about the surveillance they are also lying about the spending of billions of dollars and that this money was passed on in lavish bonuses to the contractors headed by former government officials. So the lies quickly become about the stealing of public funds to benefit those telling the lies. Why should the public, Congress or the jury believe organizations engaged in systematic spending of billions of dollars based on deceiving Congress on what the money was spent on? This was the pre-Snowden situation. It still endures today on the details.
The FBI intended to lie to the jury about NSA methods used from the first news conference. Then when the public distrusts the FBI, they call them names. (Names like conspiracy theorist, right wing extremist or left wing extremist, etc.) Then they use distrusting the government as a basis to put them on watch lists and to investigate them. They spend money on this and conceal how this is happening from Congress, thus obtaining the money by fraud.
Contractors like Booz Allen and Chertoff Group can be sued to recover public funds spent based on lying to Congress. By hiring those who lied to get their money and paying them huge bonuses, those organizations are liable for the lies told to Congress to fund them.
This is draft and preliminary. The above is hypotheses and speculation. Comments and corrections welcome. Please restate as questions. All other disclaimers apply.