i asked if they had a fisa warrant. they said it wasn't required. i thought that was pretty strange. sharyl: if there was no warrant, he says he asked if the white house had given executive authority for the project. joe: they said that they -- it wasn't required. sharyl: this was under president bush. joe: yes, this was under president bush. and this was prior to 9/11. so i said that we couldn't do it. and we wouldn't do it. sharyl: the 9/11 terrorist attacks are often cited as justification for the government's controversial programs to collect information on americans without court warrants. but the nsa proposition to qwest was nearly seven months before 9/11, according to nacchio. joe: after that meeting, there were repeated requests over the next several months and i continued to answer the request by saying, look, show me legal authority and we'll be happy to do it. okay, but i can't do it without legal authority. i can be sued civilly, but the government can't. sharyl: how did you begin to understand that you were becoming odd man out? joe: i

person, now needs a fisa court order to do that. that's one. and the other is there were a series of provisions that prohibited this practice of reverse targeting you'll hear about. which basically said you cannot, the government cannot target something overseas under this statute. under 702, who is not a u.s. person in order to collect against a person in the united states. you know for that purpose. that would be an end-around that was prohibited by the statute. to my mind, statute does a very good job of balancing these competing interests and enacting compromises. >> one of the, you mentioned minimization procedures. one of the other criticisms that i've sometimes heard from people who are worried about the program, is that the procedures themselves and the adherence to them are themselves not subject to judicial review. but rather only to administrative and internal executive branch review. on a case-by-case basis. the overall procedures themselves are approved, but whether or not we've succeeded in applying them to rosenzweig is not somet

you have kick started the consideration of fisa reform. what changes do you see being made to that authority? is this going to come down to the wire, like it did with usa freedom? rep. goodlatte: it did not come down to the wire in the house. we have been working on it for a long time. we passed it in a timely fashion. senate leadership did not agree with legislation passed by the house, but they could not come up with any alternative that came even close to getting majority support, much less the 60 votes to cut off debate. at the end of the day, they were forced to put the house bill on the floor, but when it did it passed the senate with a strong bipartisan vote. i don't want to predict what will happen with the senate, but if the house we don't want to go up against the deadline. we are hard at work on that. i would not want to predict at this point what changes need to be made. we are still the process of learning what the impact of making changes would have on the intelligencether regarding foreign nationals who could be a threat to

authorities expire at the end of next year, and you've kind of kickstarted the consideration of fisa reform in your committee. what changes do you see being to get made to that authority, and is this going to come down to the wire like it did with usa freedom? >> guest: well, it may. now, it didn't come down to the wire in the house. in fact, we'd been working on it for a long time, we passed it in a timely fashion. the senate leadership did not agree with the legislation passed by the house, but they could not come up with any alternative that came even close to getting majority support, much less the 60-vote cutoff for debate. so they were at the end of the day forced to take the house bill and put it on the floor, but it passed the senate with a very strong bipartisan vote. again, don't want to predict what will happen with the senate, but in the house, we don't want to get up against the deadline, so we're hard at work on that. i wouldn't want to predict at this point what changes need to be made. we're still in the process of learn what the impact of making changes would have on

wilbe the bs fisa ear rational wn payi foall pucc to a studed.com pe unthe fo 40 prefe and der, the at it was a n long due. liy ok atw tueda unersityca hthe school reon > us ithg that is most unesdaysth of pammwakef k . >>> president obama ordered that all american flags of public buildings missions and posts be flown as half staff through saturday out of respect attack. the spire of the 1 world trade center was lit up in the colors of the belgium flag. new york governor andrew cuomo says the move was a sign of respect similar to those belgium has done for the u.s. in the past. >>> france is showing solidarity with the neighbor. eiffel tower wasly up in the colors of the belgium flag. passengers on the only flight to make to it the u.s. from brussels following the bombings found out about the incident hours later. the jet air fly plane arrived at orlando yesterday afternoon. the crew chose not to alert anyone about the attacks until after they landed. the plane was not taken to the terminal but directed to another area, law enforcement bussed to customs, bomb sniffing dogs searched thr

/11, the president using his article to commander-in-chief authority decided that to the degree of fisa statute stop the commander-in-chief from doing that, the fisa statute had to be unconstitutional because it was limiting his own and your article to. by the way that stood out. that has stood up in court. on two occasions the appellate court said we take a has given e president has the constitutional authority. so we gathered the data. out of respect for american privacy, we didn't. we gathered the data. we put into for want of a better term, a lockbox where it was just lying there fellow. we didn't try to create the relationships. we didn't run algorithms against it for anything. which is frankly, practice in business. when we get knowledge of what we called a dirty number, we have a safe house in yemen, we've never seen this one before, this phone is really worrisome, i wonder if that phone has ever called the united states? i'm being a little cartoonish year. we get to go to the? >> guest: and say hey, anybody hear talk of his own in yemen? were in new york. a number in the bronx r

tracking eufast talks and allowing fisa free travel by june, giving money as an indication of the strongand that turkey has in the crisis and the weekend that europe has -- and the weak hand that europe has. gateway tobeing the europe, has the power. the question is if the turks will take the money and the reduced restrictions, pocket that, and do the same things. i think this will stem some of the flow of migrants, but -- they: could turkey stop flow of migrants if they wanted to? >> i don't think so. there is a turkish infrastructure along the west coast of turkey. many turks are making money. it will be difficult. this is a huge country with large numbers of refugees. by hook or crook they want to make it to europe. katty: we'll see how turkey responds. thank you for coming. this every day, but it is a short step from the crisis in europe to the war in syria, now in its fifth year. a quarter of a million people have died and half of the population is displaced. editor has been looking at the impact of the war on the rest of the world. >> this was damascus in october of last year. the

person in new york city becomes the focus of the attention, then the rest of the statute kicks in, fisa, which passed in 1978, which protects u.s. citizens, is now requires the intelligence community, with the lawyers, to go and obtain a probable cause, essentially an order, essentially a warrant from the fisa court to then target that person in new york city. and then the collection focuses again to that person. that's how it works in practice. that's exactly in fact how it worked in the case i mentioned before, of of zazi, a person in denver, who was communicating with a target in pakistan. and they shared information about a bomb-making recipe. that allowed the intelligence community to now focus on this person in the united states. in aurora, colorado. and understand that he was planning to travel, which he in fact did, to new york city, to carry out an attack, to blow up the new york subway. so that's, that's how it works. and then beyond that, the information that's incidentally collected about the u.s. person in that scenario, is subject as judge casey said to minimummization pro

the navy wanted to play in the strategic integrated operations as detailed in fisa admiral jerry miller's book. put nuclearwe weapons aboard ballistic submarines. the mission of defending the motherland from nuclear bombs. nuclear subs and combatants could go after our [indiscernible] ganwhile, the best in stata -- strategy was implemented. a general war at sea with the soviet union could go nuclear fast. the navasota, i served on a ship that had the slogan [-- had a slogan "the next war is on us." one of the challenges operating with the capability of the western pacific was the sensitivity in japan. torch and only, i can neither was -- nor deny response fortunately, the "i can neither confirm nor deny was ok with the japanese. regarding comparisons with the cold war today, many have noted commonalities between the former soviet union and china with respect to naval forces. both countries are continental and decisions of the soviets to put naval forces to the sea in the 1960's, they had , inexperiencedg officers to command. it followed the collision of a soviet destroyer with another shi

michelle: fisa being flown at half staff at all local and state building struck florida in honor of nancy reagan. the former first lady died on sunday of congestive heart failure. mrs. reagan will be buried next to her husband, former president ronald reagan. alert weather now. a blanket. amy, 50 starting out not too bad. amy: depends on where you are. much cooler. closer to the coast, you have the clout in the east wind. we are divided in half early on. all of us are warmer at least a few degrees then we were yesterday morning. we will be partly sunny today. it won' t be total blue sky and sunshine i' d on sunday. we will have some scattered clouds and east winds will pick up. the beaches are little cooler. inland spotsylvania 80 degrees today. we have dropped to 48 in ocala, the skies are clear. it is warmer though it sanford at 60. nobody' s 70 with the clouds and east wind there. much warmer and forecaddie nearly water. to the upper 70' s for the afternoon high. re headed to the beach today to enjoy some of this warm weather. that rip current risk is very high today. especially the ou

when they don't have a warrant, but they just have a national security letter, or they just have a fisa order, or many of the other times of authorities that gives the government access to and that's the danger that we run when, with all due respect, at the moment doesn't seem to me that we have the political context in which we will end up with, the wisest decision making process. okay, so i just say it, but this kind of problem. >> just to push back on that a little bit but i think one way to describe it is to say you don't think you'll get the law that you think is ideal. traditionally, we understand we express those values by voting for elected representatives. it's important to note congress is not obligated to pass a law that says apple at all companies shall compel. they could repeal deleo. the scope -- to leah. the scope of what congress is empowered to do on our behalf essentially limitless but it's only the constitution. i think it's important to realize whenever we see polls that said 49% or 51%, who cares which side is which, it's the roughly divided country on these issues

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but they just have a national security letter or they just have a fisa 702 order or many of the other kinds of authorities against government access. that's the danger that we run, with all due respect, at the moment, doesn't seem to me that we have the political context in which we will end up with, the wisest decision making process. >> just to push back on that a little bit. i think one way to sort of describe it is to say you don't think you'll get the law that you think is ideal. traditionally we understand we express those values i voted for electric represents. congress is not obligated to pass a law that says apple at all companies shall compel. they could reveal to you. the scope of what congress is about to do on our behalf is essentially limitless. it's only the constitution is the limiting factor there. i think it's important realize whenever we see these polls at a 49% or 41 -- 51%, roughly divided country on these issues at this point. the way we traditionally resolve these really difficult value decisions is what the left members to congress and the vote and to vote on

military oversight committee frankly we will worth a strong supporter of the program and overseen by the fisa court. the wan one i used in the book s hell, that's the madisonian trifecta. check, check, check. whippet ago. that is the solution. you've got all those. what happened was when the program became public a is a lot of her countrymen and all of them on the wingnut population, a lot of solid citizens said i'm not so sure that constitutes consent of the government anymore. that maybe consent of the governor's. you told them but you didn't tell me. so now we really do have a challenge, how does my old community tell you, the big u., enough about what it is we are doing that we at least have your implied sanction? without telling them so much that it's not worth doing. and that's the question you raised and by way of rephrasing you. that's the challenge we now have. my answer, kind of bumper sticker, if we need to be more transparent. we need to tell you more. then i will say very quickly don't pretend that's not going to make us, but that's not going to shave points off of our effectiven

presidents, it was legislated by congress and well known with the oversight committee and over seen by the fisa court. >> if we are able to show more of this -- right now we will break away and go to capitol hill to hear from the capitol chief from the dc chief from the shooting on capitol hill. >> two million people a year are screened through the capitol visitor center. today at approximately 2:39, an adult male subject entered the north screening facility of the capitol visiting center. the individual withdrew a weapon and pointed it at officers during the screening. an officer fired and struck the suspect who was treated by medical personal. the suspect was taken into custody and transported to the hospital for treatment. the suspect is currently undergoing surgery and condition is unknown at the time. a weapon was recovered on the scene. the congressional complex was locked down and uscp ordered a shelter in place based on the initial investigation at approximately 3:40 the lockdown was lifted and all buildings except for the cbc which remains processing for crime scene. suspect's vehicle

as you -- as you are looking at the laws that are in place like calea and fisa or the other differentvenues that we're talking about, something that concerns me is that this is very different than some of the examples that have been given here. for example, when you have -- when you're going into a home, if you're asking for a key, if you go to the landlord, the key's already made. and you can go to the landlord and say i have a warrant here in the key is made. can you please give me a key for that? for the method of creating that key if the key does not exist? this is very different than that, would you agree? dir. comey: yes. exactly right. there's a difference between, hey, landlord, you have this spare key. judge directs you to give it to us. hey, landlord, we need you to make a key for this lot. it extends to that. the government has a reasonable argument to be made that it does and should. on the other side, lawyers for apple argue it doesn't. rep. labrador: but this goes even one step further. in this scenario, the landlord can create the key and the technology to create this k

they don't need an order from the fisa court, or a search warrant. they tab into any phone line they like and even they couldn't stop this with that power. stuart: they've had a state of emergency in france since the emergency attacks in paris and i believe something, somewhat similar in brussels, is that-- >> now in effect, absolutely, which gives them far ranging power to do what they want. stuart: they've had these powers for some time. ashley: yes, they have liz: collecting without warrants. stuart: every form in maelbeek-- >> that serves no power this morning. to break down doors without suspicious. stuart: congressman peter king is joining us on this day. i wonder if you'd address the situation inside america. when you see this happening overseas, you wonder, why has it not happened with more frequency or severity perhaps i should say, in the united states? >> here is where i disagree with judge napolitano, we have a much more robust counterterrorism in the u.s. in new york, there have been almost 20 attacks plotted or attempted to be carried o