Can the Dims sue and therefore get it there or does it have to be someone who really was survielled this way?
It has to be someone who is/was personally affected.
That's why the DEMs are trying to get the NSA to attach a personal name to a target. The guy who plead guilty to helping with plans to cut down the Brooklyn Bridge is one person who might have had a case, but he admitted to the charge, so he won't get to challenge the conviction on the grounds of "illegal evidence."