Then wtf was/is Gitmo? This is terrible, but hardly the first except by claiming this particular provision. Beforehand, not even that level of accountability was reached.
We knew the powers of the Patriot act went beyond the balance, but have not pushed back. It seems odd to now blame the user of that power, rather than those who errantly put that power in the presidents hands to begin with.
I would posit that the Patriot act is a bigger threat than any single politician, because while electees change, the law still stands, always repugnant in its nature.