In this case Temple-Raston discredits herself as a reporter, and comes out fully in the corner of the FBI. Here's what she says:
"[the ACLU claims] that the Department of Defense actually used the FBI as a foil to actually get information that it shouldn't have been getting - personal information- on its employees. And we're checking into this, but it looks like what has actually happened is that - and certainly, this is what the FBI says happened - was that the FBI and the DOD were working together on joint investigations, and in connection to those joint investigations that is where the NSLs were actually issued. So it's unclear whether or not there really was an end run that DOD actually tried to get around the law or whether or not this was done on the up and up. It looks right now like it was all done on the up and up."
It's "up and and up" all right.