The fact that Tucker may not be a "target" of the spying by the NSA does not mean his communications are not incidental to spying on someone else who is a target. And we know that through programs like Five Eyes the NSA can request that another foreign agency to do their spying for them. Anyone who thinks the NSA is not clever enough to get around inconveniences like a warrant has a lot more faith in the ethics of government agencies than I do.

I personally don't like Tucker. Never have since the weasel sold out during the election. But I also don't think the NSA can be trusted.