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But if they were using parallel construction, surely the criminal complaint wouldn't make claims they can't prove using the non-secret chain of evidence, right? Here the court filing alleges that the FBI knows what IP address the defendant used to visit a Tor hidden service. Don't they now have to prove that claim if they want the prosecution to succeed?

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They also know what specific pages on the offending websites they accessed.

I'm wondering if the classified document wasn't about tor, but about the 'implants' aka malware that were leaked in the same set of Snowden documents.

I think as much as tor being broken in some fixable way, they'd like it known even less that the FBI installs malware on the devices of persons of interest who haven't been convicted of anything.

If they truly can't break Tor and they deem the person of interest important enough for "national security" then I don't think anyone who has studied history, American or otherwise, believes that they are going to throw their hands up and say "welp, that's it."

Or in the case of Ross Ulbricht, just makes up a story about how he was trying to kill someone by suggesting the idea to him. Then uses that to justify an investigation that just happens to be a dead-end but conveniently gathers a bunch of other evidence that is relevant to another case.

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