Yes, that was my feeling. However material about the constitutionality of the various programs he revealed are surely part of the article in some appropriate place discussing whether Snowden's actions was justified, or indeed any section just describing those programs. Following from Burnley's  and others' remarks about "costs", it doesn't necessarily follow that the illegality of these programs justifies Snowden's actions and it was the begging of this question (or so I felt) that I objected to when the material was in the lede. But I have no problem with it appearing elsewhere.