Who has been punished for the numerous constitutional breaches by the TLA's? At last glance absolutely no one and that's not going to change.
Meanwhile the whistleblower who spoke up about illegal government activities is in exile and can likely never travel anywhere on Earth for the rest of his life.
On the other hand, blatantly stealing their tools instead of buying them is not the same kind of breaching the law, and it is obvious to everbody that it is illegal.
Also, even more so than persons, institutions can behave contradictivly when viewed from the outside. From within it may seem consistent and sound to surveil everybody and legally buying the tools they use for it. The evil is banal.
The fact that the phone spying case was even accepted by the Supreme Court should be enough to confirm that the law wasn't clear. Had the law been clear, the NSA would have lost in a lower court and the Supreme Court would have refused to consider the case.
That's not actually the way legality works. If the law is unclear, the justice department will provide their interpretation (which will typically give more power to the government). If you disagree with the interpretation and are affected by it, you are free to challenge it in a court of law which will clarify. Or you can lobby lawmakers to change the law.
This is different from how for instance organizational guidelines work in private industry - in case of ambiguity, you will ask for a clarification from the author. That option is basically not available because laws are made by the legislature which is a body distinct from the executive.
You truly say that with a straight face? Tempted to name 50 blatant programs off the top of my head but I'll start with one because the pathetic excuses that usually follow sum it up succinctly.
MKULTRA.
Tell me what you think of that government taxpayer funded program. I'm all ears.
2. Congresspeople, who answer primarily to their campaign donors (and secondarily to vocal radicals), do not abide the U.S. government breaching contracts with companies. Any government agency seeking to exploit IP from a U.S. company won't last long.
3. The NSA doesn't need to pinch pennies when it comes to IDA Pro site licenses. It declares those expenses in its budget. Government employees don't break the law to save money. They break it to accomplish their mission, handed to them by decision makers in Executive Branch and Congress. Moreover, government lawyers interpret the law in a manner that the individual employee isn't technically breaking the law (though many actions are immoral!)
Your overall sentiment is correct, that the U.S. government perpetrates wrongdoing. Your mental model needs to incorporate a legalistic framework around that, however.
The U.S. government is full of Lawful Good, Lawful Neutral, and Lawful Evil components. The Chaotic Good and Chaotic Evil actors are the ones getting indictments.
Ah yes, the “I’m swinging my arms and if you get too close and I punch you it’s your own fault” big brother defense.
The law, same as anyone else.
Having worked in the public sector, there's a lot more law than there is compared to the private sector. That's because anything that the legislature does or doesn't want your organization to do has to be coded in law. That's the legislatures only means of direction. Further, executive directives related to your organization also carry the force of law. What that means is you can't not follow it. You can't chose to ignore the law or executive directives. You don't get to ask for clarifications or exceptions. The former come from a judge and the latter do not exist until the legislature creates them. It doesn't matter that there's no direct penalty for it; you're not allowed to chose to not follow it. This is one of the worst parts about the public sector: there is often much less wiggle room, especially for broad issues.
I'm sure that the TLAs negotiate with IDA for site licenses, or bind them to confidentiality contracts, but I have no doubt at all that they legitimately pay for the COTS products they use.