A FISA-related question for lawyers and people who live under the Constitution.

With all of this information coming out about the government secretly spying on Americans, is there not a potentially gargantuan legal backlash on the horizon as far as the improper withholding of evidence by the government?

In other words, does not every convict who was ever targeted by illegal surveillance activity (which may be every single convict who has been convicted of a federal crime under Bush) have solid grounds for appeal if not dismissal?

And what of the people who currently stand accused? Can they not demand that all surveillance activity relevant to the accused be presented in court? And if the government refuses to produce any such evidence, or even argues that they do not have access to that ("secret") evidence, is that not solid grounds for dismissal?

And even if there is absolutely no reason to believe that the accused was subject to surveillance of any kind, doesn't the fact that a secret "program" exists beg an assumption that the accused was improperly surveilled and thus treated unfairly?

In short, does not all of this illegal spying make quaint our system of criminal justice?