>> that's a complicated question and i'm trying to make sure i don't talk about anything classified in an open setting. for the fbi, the way we interact is entirely lawful and i also understand -- i don't know the history you're talking about well enough to comment but it is now the practice where someone is notified in the circumstances you talk about. >> the reports are that thern supposed to be notified and in some cases have not been notified. would you investigate any of these allegations if it's true that some of these people were not notified? >> i don't know if it would be fbi jurisdiction to investigate it. it's probably the most i can say based on what i know from your question. >> okay, maybe we should have a conversation about this. this is an area of concern that some of us have about the nsa. there's been some abuses and obviously we are all concerned

if congress had acted, and the congressional action had not been challenged on a constitutional basis or overturned that would have been an adequate footing. >> now severe abuses of this program have come to light, including nsa analysts listening to overseas calls of soldiers to their girlfriends and wives in the states. the solicitor general promised if any of the info was used in a court the defendant would be notified. but last year reuters report found doj officials are using nsa gathered intel jengs as leads for criminal cases without informing the defendant of the origin of the case and misleading federal prosecutors about the origins. do you believe that such use of nsa intercepts are lawful? >> that's a complicated question and i'm trying to make sure i