A “Special Report” panel tonight discussed Kentucky Sen. Rand Paul’s class action lawsuit against the NSA’s domestic spying program.

Charles Krauthammer said that the case would have ended up in the Supreme Court anyway because of conflicting rulings of district courts. “So in some sense, what Rand is doing is superfluous, but it is brilliant showmanship,” Krauthammer said. “He’s utterly sincere in this, but he’s also shrewd and clever.”

Rand Paul Unveils Lawsuit Over NSA Tactics, Names Obama, Top Officials

“It’s clearly a political stunt,” The Weekly Standard’s Steve Hayes said. “It might elevate him in a certain sense but didn’t he already occupy that ground anyway? I think he did, I mean it’s not like there was somebody else who was gonna come up and take over the ‘worried about NSA’ crowd among Republicans and maybe young Democrats.” But Hayes said this could be a political downside for Paul if there is a terrorist attack in the future.