It's too big for the big shots to get their stories straight. In March, Wyden asked Director of National Intelligence James Clapper whether the government was collecting data on millions of Americans. Clapper answered, "No, sir, not wittingly." After the Snowden leaks revealed otherwise, Clapper told MSNBC he had replied in what he considered "the most truthful, or least untruthful, manner."
As for the Department of Justice, it searched phone records of Associated Press reporters and editors and Fox News' James Rosen and Rosen's parents. Attorney General Eric Holder approved a document that charged Rosen as a "co-conspirator" in a national security leak.
Then he forgot. In May, Holder told the House Judiciary Committee that "potential prosecution of the press" is not something that he's "ever been involved in."
The Obama administration is keeping records of everyone's phone calls and targeting reporters. Maybe this is a debate that wouldn't have happened five years ago.