That would be a misuse of the information, and would be proscutable. If Dubya were using this information to retaliate against his detractors, that also would be a misuse of the information and you would find FReepers at the front of the impeachment lynch mob.
The fact is that Congress has been kept informed about these programs, and there is no hint of misusing the information.
The only misuse is the illegal leaking that these programs exist.
The Filegate scandal was also prosecutable. However, with a corrupt Attorney General in power, all crimes are possible.