Not only did the President break the law, he also actively misled Congress and the American people about his actions, and then, when the program was made public, about the legality of the NSA program.
He has fundamentally violated the trust of the American people.
The President’s own words show just how seriously he has violated that trust....
On April 20, 2004, for example, the President told an audience in Buffalo that: “Any time you hear the United States government talking about wiretap, it requires – a wiretap requires a court order. Nothing has changed, by the way.”...
Just months later, on July 14, 2004, in my own state of Wisconsin, the President said that: “Any action that takes place by law enforcement requires a court order. In other words, the government can't move on wiretaps or roving wiretaps without getting a court order.”
Last summer, on June 9, 2005, the President spoke in Columbus, Ohio, and again insisted that his administration was abiding by the laws governing wiretaps. “Law enforcement officers need a federal judge's permission to wiretap a foreign terrorist's phone, a federal judge's permission to track his calls, or a federal judge's permission to search his property. Officers must meet strict standards to use any of these tools. And these standards are fully consistent with the Constitution of the U.S.”
In all of these cases, the President knew he wasn’t telling the complete story. But engaged in tough political battle during the presidential campaign, and later over Patriot Act reauthorization, he wanted to convince the public that a systems of checks and balances was in place to protect innocent people from government snooping. He knew when he gave those reassurances that he had authorized the NSA to bypass the very system of checks and balances that he was using as a shield against criticisms of the Patriot Act and his Administration’s performance.