To conspire to defraud the United States means primarily to cheat the Government out of property or money, but it also means
to interfere with or obstruct one of its lawful governmental functions by deceit, craft or trickery, or at least by means that are dishonest. It is not necessary that the Government shall be subjected to property or pecuniary loss by the fraud, but only that its
legitimate official action and purpose shall be defeated by misrepresentation, chicane or the overreaching of those charged with carrying out the governmental intention. Hammerschmidt, 265 U.S. at 188.
looks like fisa court was deceived and its purpose of requiring spy warrant affidavits showing probable cause was defeated by a conspiracy...imho.
daca going to supreme court..obama was not charged with a crime of aiding illegal entry and he usurped the legislative laws by executive order..could he make an executive order that kidnapping is legal in some circumstances, ? methinks not...separation of powers.
I agree that there is a theoretical case for "defrauding" the FISA court, if perjury or false statements falls. Defrauding or fooling a court is not the same as defrauding the public. Defrauding the body politic is what government does on a regular basis.
On the DACA matter, there is a difference between rejecting the policy and finding POTUS a criminal for implementing the policy. Executive has "discretion" in law enforcement.
I personally find DACA to have been an abomination, and it, like sanctuary city policies, would be illegal if anybody but the government did it.