MR. RUSSERT: And joining us now is the chairman of the Senate Judiciary Committee, Senator Patrick Leahy of Vermont. Good morning and welcome.
SEN. PATRICK LEAHY (D-VT): Good morning, Tim.
MR. RUSSERT: As you well know, you have issued subpoenas on the Bush White House regarding the eavesdropping, wiretapping put in place by the president after September 11th. Critics this morning will say, senator, that this plan is so essential to monitoring contacts between international terrorists and people here in the United States that subpoenas now is very, very counterproductive and could affect our anti-terrorism situation.
SEN. LEAHY: Well, of course, that?s the kind of talking point that the White House has tried to put out, and they, the White House has chosen confrontation over cooperation. I think that?s unfortunate. Nobody on my committee, Republican or, or Democrat, is trying to subpoena the operations of what?s been done in wiretapping terrorists. And I was a prosecutor for eight years. I believe in going after criminals, terrorists or anything else. Use wiretaps, use search warrants, whatever. What we?re asking is, what was the legal justification they tried to follow, when, for years, they were wiretapping ordinary Americans and everybody else without a warrant. We have a FISA court. We can, we can redesign the FISA law, if need be, if they need help to go after terrorists.
MR. RUSSERT: Foreign Intelligence Surveillance ACT, FISA.
SEN. LEAHY: Yes. And, and, and moot to that, I mean, everybody wants us to get somebody who wants to strike at the United States.
MR. RUSSERT: So you have no problem with the plan of eavesdropping as such?
SEN. LEAHY: Provided it follows the law. What I don?t want is this open-ended idea that they had at the White House, until the press found out about it, which would allow, for example, if they didn?t like some comment that you made on NBC, they could then go without any warrant, wiretap your phone, check out your bank account, surveil you. Well, we don?t want that in America.
MR. RUSSERT: Even if I had no contact with someone overseas?
SEN. LEAHY: Even if you had no contact with someone overseas under the broad way that they were talking about. So what, what we?ve asked is, what was their legal justification for it? Their answers, as we?ve asked these questions, as the press has asked these questions, has changed so many times, some of it in testimony under oath, we?d kind of like to find out what is the basic reason for it. And we will work with them. I?ve talked to Senator Rockefeller, who?s a chairman of the Intelligence Committee. We will work with whatever changes are needed in the Foreign Surveillance Intelligence Act, so there?d be no question you can go after potential terrorists with wiretaps and all. But we?ll do it with a check and balance. I don?t want us to ever go back to the situation that we had 30 years ago when we put into place this FISA court, as you called it, where they were wiretapping somebody who disagreed with the government on the Vietnam war. In this case, somebody disagrees with the administration on the Iraq war, under their broad views, you could just go in and wiretap them. This, this is America.
This is not a, this is not a dictatorship.http://www.msnbc.msn.com/id/19508551/page/2/