I agree, it really seems like they're trying to come as close to the line as they can without obviously crossing it, and I think it's clear they did cross it.
Also, I don't see any virtue to secrecy in this case; unlike organized Al Qaeda terrorism prevention or foreign hostile adversaries or counterproliferation, the tactics we're using in the "war on drugs" are a public policy matter that benefit from public discussion.
Honestly seems like the whole point of SOD is to get around the poison fruit guideline.