The FISA court would. All you need do is have an NSA representative swear an affadavit confirming that they had firm intelligence that, somewhere in Washington DC, an agent of a foreign power was conducting clandestine meetings with another agent of another foreign power in a woman's restroom, although the exact one was currently unknown.
The NSA would then request a warrant to conduct surveillance on all women's restrooms.
The FISA court would then authorize it, on the STRICT UNDERSTANDING that ONLY foreign persons would be recorded, to which the NSA would agree.
The NSA would then come to the conclusion that, sure, they may be meant to be monitoring only foreign persons, but actually it was impractical to attempt to identify foreigners based on the shapes of their bottoms, and besides there's nothing to stop them using information on Americans they 'inadvertently' record.
And besides, it's not really spying until somebody actually watches the footage.
Boom. Job done. All legal and above board, for the NSA says it is so. And if the NSA says it's conducting all its operations perfectly legally and above board well then ... who are we to question the NSA? There's bound to be a US senator they can get to tell the press it's all legal.
Provided, of course, that leader of a foreign country isn't snapped in a restroom. That's when it all will hit the fan.
Not only that, the chances of the US being ready to go to trial upon your arrival will be pretty slim, so you either sit in a jail cell for x months awaiting trial or you wind up sitting in a strange country for x months ...
And I'd be willing to bet the US would oppose bail, too. You know, what with being a foreigner with significant resources (allegedly) and thus a flight risk ...
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