Certainly not. It is absolutely ridiculous to even think about it or waste time and effort over even discussing it.

For those who would disagree with the above consider the following without the introduction of personalities involved:

A-symetric terrorist threat, possible and probable cells within the boundaries of the USA - Are you seriously suggesting that you would not make any attempt to find out what they are communicating? Or establishing who they are communicating with? Are you honestly suggesting that you broadcast that intent by applying to individual courts and explaining the grounds for requiring surveillance? Utterly ridiculous, as it is you've tipped your hand already, any threat within your boundaries will have long since changed their mode of communication to avoid what up until now may have been very useful and effective intelligence gathering.

It is often asked on this forum why the lessons of history are not learned - it's a good question - my slant on it is, when are you guys going to stop your apparently irrepresible desire to snatch defeat from the jaws of victory.