Because "spy on everybody including foreign nationals" is a VERY different thing than "spy on foreign nationals." Here, watch: 1) Marijuana is legal (at the state level) in Washington, Oregon and Colorado. 2) Marijuana is illegal (at the federal level) in the United States. 3) The NSA is spying on Americans and giving their info to the DEA. 4) Joe, in Washington, promises his cousin Jane, in Colorado, to bring a quarter bag with him to visit via telephone. 5) The NSA, triggered by the keywords "quarter bag", record's Joe's conversation and passes it along to the DEA. 6) The DEA begins bulk surveillance on Joe in order to dragnet as many federal offenders (but law-abiding state citizens) as possible. 7) The DEA arranges a sting of Joe in Idaho, seizes his car and turns him informant over a quarter bag that he legally possesses but is illegally transporting across state lines. Tell me what part of that has fuckall to do with foreign intelligence?