If the answer to either question is no, then Bush has broken the law, is continuing to break it, and should be held to account.
The issue now is not national security, but presidential power. Congress balanced the two well in 1978, when, recognizing there would be cases when time is of the essence, it said the president could conduct surveillance without a warrant for three days (15 days when there is a congressional declaration of war), but that continued surveillance would require a warrant or court order. Despite repeated efforts, Bush and his minions have failed utterly to show why the fight against terror is crippled by the need to get a warrant.
They have also failed to show why taking such action on their own, ignoring specific instructions from Congress, is not a baseless power grab.
Richard Nixon's abuse of presidential authority to harass and punish his political enemies, including the use of illegal wiretaps, dragged the presidency down to one of its lowest points in history. Bush is now taking the nation down a similar road, one that could lead all too easily to a similar destination. America is strong enough and smart enough to fight terrorism effectively without trampling on the very rights that make the nation great.
http://www.boston.com/news/globe/editorial_opinion/editorials/articles/2006/01/29/presidential_spying/