Earlier quoted context omitted.
You are probably right. In that case could not the president issue an executive order asking NSA to use the hack to protect everyone?
NSA doesn't have legal power outside USA. That still would be illegal hacking with potential political and/or legal backlash. I understand what you mean, but that's grey area at best.
Our German chancellor, Angela Merkel, went from "this is unacceptable and can't happen under any circumstances and there will be repercussions" to "please don't do it" after the Snowden leaks went public.
There is little political backslash and no legal one. The spy agencies (NSA, CIA, GSHQ, BND, #insertanotherhere) do whatever they want with little to no oversight. And if the public finds out about it, the first move is to legalize it by law and continue as before.