Especially since the NSA would very much not prefer the media firestorm that would result if the press got wind of it. And then you'd probably have a metric ton of resulting politcal antics as well to boot.
Knowing our nation the answer is inevitable going to be political in nature which is why having non federal prosecutors being elected officials is a terrible idea.
Why do I get the feeling that once again the state will attempt to get a murder charge to stick and fail instead of going with the much easier to get a conviction charge of manslaughter