I'm not sure where "moral authority on privacy" enters the picture. The question is how the program comports with the Constitution and the American system of governance.
The idea that Cass Sunstein is a "yes man" for Obama is laughable. If anything, it's the other way around.
You will also find in the work of most constitutional scholars something to upset any message board anarcho-libertarian, because very few of them believe in the black-letter absolutism that anarcho-libertarians choose to evaluate the Constitution in. You think there's nothing in Tribe's record to argue with? He's a gun control supporter, for one. You think pundits wouldn't be calling him an "Obama yes-man"?
But I'm still not convinced that the panel is anywhere near independent given the rest of the crew such as Morell and Richard Clarke.
(I appreciate how gracious your comment was. Thank you.)
The problem is that Sunstein has gone on record (and written a book) supporting governmental overreach. You're hiring yes-men to do your "independent review".
An issue at hand is whether the group will merely be researching means by which the ends can be maintained, that they are yes-men for the activities, the same way Obama appears to be. It's reasonable to question whether they have the same master, that they aren't truly independent.