FISA can only be used for “foreign intelligence information.” … The only “foreign intelligence information” allowed as a basis for surveillance is information necessary to protect the United States against actual or potential “grave” “hostile” attack, war-like sabotage or international terror. Second, it can only be used to eavesdrop on conversations where the parties to the conversation are a foreign power or an agent of a foreign power. An agent of a foreign power cannot be a United States person unless they are knowingly involved in criminal espionage. No warrant is allowed on that person unless a FISA court finds probable cause the United States person is knowingly engaged in criminal espionage. Even then, if it involves a United States person, special steps must be taken to “minimize the acquisition and retention, and prohibit the dissemination, of non publicly available information concerning un-consenting United States persons.”
This is the crux of Obama’s legal trouble. In order to legally capture information about members of the Trump Campaign (one of which was a sitting Senator), then retain it and distribute it, the reason would have to border on high crimes and treason – not “discussions” or “hacking” or “business transactions”. Even coordinating national policies and treaties with foreign leaders would not rise to the level of urgency required to invoke these intelligence resources.
To summarize, it is Team Obama’s collection, retention and distribution of information protected by the US Constitution that constitute the high crimes here, specifically when it pertains to members of Trump’s campaign, emphasized here:
This includes procedures that require they never identify the person, or the conversation, being surveilled, to the public where that information is not evidence of a particular crime.
Since the Fake News media has been reporting these very same details to the public, and citing current and former Obama administration sources, it is not debatable on whether laws were broken. They were.