So what is the angle that does support the notion that he acting with malice in his heart?

And if he's not acting in malice, why would he be doing what he's doing now when he is well-versed in the Constitution?

Note: I disagree with a lot of his policies (including this topic), I'm going for a first-principles thing here.

Who here is suggesting malice? Assuming he believes he is doing what is right, a natural answer to your second question would be that he simply actually believes it is necessary in order to protect national security, and that this overrides any other concerns he might have about the programs.