Well if the classified program has been released public then its not illegal of course; but if it is still classified and not released, then I think it is considered a crime.
1. First they rehash old news about a surveillance program that is legal and has been going on for years before George W Bush. They will then try to make it seem he is behind this and that it is illegal, which it is not.
2. They hope some of their reporters will be arrested and which point they and all the left will scream that Bush is a Jack Booted Fascist Thug whom is suppressing Free Speech. That title really belongs to John McCain and the Supreme Court relative to The Campaign Finance Reform Bill.
What say you Fintan?