Let's stop right there, as there is zero authority on whether something is constitutional on the part of the head of the NSA. In fact, if not you or I, then certainly a Congressman would be capable of speaking on that subject. Ultimately, such a question is decided by the courts.
But never - ever - should it be decided by the NSA, as part of their mandate has always been to do covert ops - lie, cheat, steal, as the case might require.
Therefore, the statements in the video can be understood in context.
More lying.