I certainly don't think you are protecting the jihadists any more than I thought you were lying.
Although I cannot remember their names right at this moment and don't want to go look, there are lots of attorneys (like Bob Barr) who equally say that the president is well within his authority to run this program through NSA.
We just disagree on whether this is a good idea, that's all.
'Good idea' is not the issue. Allowed under the United States Constitution and applicable statutory law is the issue.
As far as the 'lots of attorneys,' none of them are as smart as Posner. But, then again, perhaps no one alive is.