Comment by saghm

For sure, I'm just saying that there are a lot of cases that would probably reach the threshold needed to convince a judge that don't exist because prosecutors don't actually file charges. I don't see any reason to assume that a judge would block a case if surveillance law were changed to forbid something and a federal prosecutor tried to bring charges against members of a former administration for violating them. I think in the past, there's been a reluctance by administrations to try to press charges against previous ones (e.g. the Obama administration not wanting to prosecute anyone in the Bush administration for "enhanced interrogation"), but the current incarnation of the DoJ seems a lot more open to pressing charges for much pettier political reasons than true violation of federal law, and if a Democrat wins the White House in 2028, I would not be shocked if there's significant political pressure to try to prosecute members of the current administration (assuming they don't receive blanket pardons, of course).