Did the Justice Dept. Commit Purgery?

The Washington Post is reporting that one of the eleven Judges, a James Robertson, that sits on the FISA Court has resigned from the court in protest to the Presidents action. But what makes this all the more interesting is the statement further in the article that he had said to colleagues in recent conversations that

he was concerned that information gained from warrantless NSA surveillance could have then been used to obtain FISA warrants. FISA court Presiding Judge Colleen Kollar-Kotelly, who had been briefed on the spying program by the administration, raised the same concern in 2004 and insisted that the Justice Department certify in writing that it was not occurring.

The more that I hear the more that I think that Bush has created a constitutional crisis.

Related:
Spy Court Judge Quits In Protest
White House Elaborates on Authority for Eavesdropping