The creators acknowledged that fact [1]: "There is no such device that is NSA-proof," said Mike Janke, co-founder and CEO of Silent Circle, in an interview with Mashable, ahead of the launch. "If you are on the terrorist wanted list or a criminal, intelligence services will get into your device... There's no such thing as 100% secure phone."
[1] http://mashable.com/2014/02/24/what-is-blackphone/
(For a humorous take on nation-state threat models, read the hilarious usenix article This World of Ours by James Mickens: http://research.microsoft.com/en-us/people/mickens/thisworld...)