Feingold: Admin. officials have been misleading in claims justifying the spying program. The president repeated these. He said that other presidents have used the same programs he has used. 1967 Katz case.
Gonzales: Yes, the SCOTUS found the 1967 Katz case was covered by the 4th Amendment. Presidents have relied on their constitutional authority during times of war. It doesn't mean that warrants are required in all cases.
Because of circumstances, searches without warrants are justified.
Are you guys seeing this? Most of the committee isn't even back yet?!
Graham: I find your testimony honest and straightforward. I don't agree with all your legal reasoning. Isn't it true that a small group of Congressmen have been briefed?
Gonzales: I haven't been present at all the briefings but the ones I was present, it was extensive. Members were given an opportunity to ask questions nad voice concerns.
Graham: And if Congressmen who were briefed thought the program was illegal, they could present legislation to stop the program.
There are 2 ways we can do this. We can argue what the law is and whether it was broken, play a political game of shirts vs. skins or we can find a way to find a way the law should be.
In a dangerous time for our country, I choose collaboration vs. conflict. The statutory force argument that you're making is dangerous in terms of this application for the future.
If you overly interpret this, I never envisioned I was giving the president the ability to go over FISA. It's not my intent, you're right, it's the letter of the resolution.
If the president comes back, there's a memory bank here. And it will be harder for another president to get force resolutions.
Gonzales: I understand your concerns.