I believe he's trying to say that it's just impossible. In movies heroes uncover government conspiracies and culprits get handcuffed. In real world nothing happened. Snowden is now a cultural reference for comedy:
Yes but what are the chances of that happening when it's a case involving a man accused of supporting terrorists? This is exactly the purpose of the program, so there won't be much of an argument there. If anything this will set a precedent and cement over the program's 'usefulness'.
The question is why did they have to wait for the program to actually catch someone supporting terrorism before taking it to court?