Obama Calls Surveillance Programs Legal and Limited

That's exactly the problem. He MADE it legal.

So

step 1: Pretend outrage at your opponent's illegal behavior.

step 2: Promise to end it to help get elected.

step 3: Fulfill promise by playing games with the words of your promise and instead of ending the behavior, end that it's illegal, keep doing bad behavior

They had to search for a judge to approve it. Says a lot.