top intelligence officials, including deputy attorney general james cole, again defended the programs and insisted privacy is not being sacrificed. >> nobody is listening to anybody's conversations through this program and through this program nobody could. no information like that is being collected through this program. >> reporter: but officials did signal they're open to possible changes in the programs, perhaps, for example, allowing phone companies rather than the n.s.a. to retain the call record. now, in defending the sweepup of phone records, the government points back to 9/11. prior to attacks, the n.s.a. it turns out intercepted seven calls from one of the hijackers to al qaeda handlers. but because there was no data bank of phone calls to search at the time, the n.s.a. now says it did not know the hijacker was already in america, bob, and making those calls from san diego. >> schieffer: okay. bob orr in washington. the federal reserve said today said the economy slowed a bit in the path month going from moderate growth to just modest. and the fed said it will keep interest

hesitate before exercising rights that the constitution guarantees that getting attorney general james cole said he was open to changing the fight the process make it more transparent and washington was well. meanwhile on the other side of capitol hill in the house of representatives efforts continue there as well to inject more oversight into the n.s.a. surveillance programs in the pfizer court and one of those members of congress a leading the effort is adam schiff from california he's proposed reforms to have pfizer court judges approved by the senate as well as declassifying certain pfizer . opinions and allowing a special privacy advocate to argue before the court he joined me earlier and i asked him how his reforms to the secret pfizer court will protect americans first and fourth amendment rights. i think i'll have the cumulative impact of making the pfizer court much more transparent so the american people can understand that what's being done in their name in the name of national security so that we can have a more informed debate over the balance between privacy and security i thi

our first witness is james cole. he served for 13 years and the criminal division. chief ecoming the deputy of the integrity section. mr. cole is no stranger to this committee. please go ahead. >> thank you. thank you for inviting us here o speak about the 215 business records program and section 702. we are constantly seeking to achieve the right balance between the protection of national security and privacy and civil liberties. we believe these programs have chieved the right balance. first of all, both programs are conducted under public statutes, past my and later reauthorized by congress. neither is a program that has been hidden away or off the books. all three branches of government play a significant role in the oversight of these programs. the judiciary through the foreign intelligence surveillance court plays a role in authorizing the programs and overseeing compliance. the executive branch conducts extensive internal reviews to ensure compliance and congress passes the laws, oversees our implementation of the laws, and determines whether or not the curren

i yield to senator grassley and then we will call on the first panel of james cole. we will put the statement in the record. it didn't arrive in time to be given so the statement will be made it part of the record and he will answer questions. senator grassley? >> mr. chairman, thank you for holding this hearing, and i think it's very important that congress do its oversight work which this hearing is part of, but it's even more important the more secret a program is the more oversight the congress has. and as you said, probably more about this program could be told to the public and the more that could be told, may be more understanding and less questioning on the part of the public. the foreign intelligence surveillance act requires the statutory framework for electronic surveillance and in the context of a foreign intelligence gathering investigating threats to the national security gives rise to the tension between the citizens' privacy rights and the government legitimate national security interest. congress through the legislation has sought and i hope successf

. >> brown: but at today's senate hearing, deputy attorney general james cole said there's no clear precedent for changing the way warrants are approved. >> traditionally, when you issue search warrants, when you issue wire taps and things like that, in the criminal law you don't have an adversary process that takes place if there isn't somebody on the other side. so there's a legal tradition that the way we've been doing it is certainly one that we've done in other contexts. >> brown: another issue: the fisa court's 11 judges are chosen by the chief justice of the u.s. supreme court and all of the current members have been selected by chief justice john roberts. republican senator jeff flake of arizona raised that issue at today's hearing. >> all right. there's been some criticism that the process that we have for the selection of these judges may lead to more republican judges being appointed than democratic or republicans appointing judges than democrats appointing judges. do you sense or see any difference in your experience, all of you, with-- is that an issue that somebody ought to be c

deputy attorney general james cole says civil liberties are being protected. >> nobody is listening to anybody's conversations through this program. and through this program, nobody could. >> even as intelligence officials were again defending the programs another secret nsa document was published by a british newspaper, "the guardian." the article describes a program called x key score, which allows analysts to gather large amounts of information for individual internet activity in real-time. reporter glenn greenwald, would has been working with snowden, said, from brazil more revelations are coming. >> i have among the 10,000-plus documentings in my possession dozens documents that describe internally as well as to the analyst how these progapramprograms. >> reporter: as for the latest program, x key score, nsa says it's only used against foreign intelligence targets and say it's proven effective, aiding in the capture of more than 300 suspected terrorists. >>> the sentencing hearing is under way for ariel castro. castro held three women captive for about a decade in his cleveland ho

our first witness will be james cole. he joined the department of justice in 1979. he served for 13 years and the criminal division -- in the criminal division. mr. cole is no stranger to this committee. please go ahead. >> thank you, mr. chairman. ranking members of the committee , thank you for inviting us here to speak about the 2015 business records program. we are constantly seeking to achieve the right balance between the protection of national security and the protection of privacy and civil liberties. we believe these two programs have achieved the right balance. all programs are conducted under public statutes, past, and later reauthorized by congress. neither is a program that has been hidden away. governmentranches of play a significant role in the oversight of these programs. foreignciary to the intelligence surveillance court plays a role in authorizing the programs and overseeing compliance. the executive branch conducts extensive internal reviews to ensure compliance. congress passes the laws, oversees the implementation, and determines whether the cu

james river cole also well in the green, reporting a smaller than expected loss of $1.04 per share, versus analyst estimate of $1.33. the stock up today, though still down 30% this year. on the downside, navidia slipping. the revenue basically in line at 977 million but guides for current quarter revenue below the street's forecast. we'll end on jcpenney, our own scott wapner breaking more news on that name. bill ackman, activist investor, jcpenney independent director, now demanding that the company's board meet as soon as possible and that chairman tom be replaced. jcpenney stock, by the way, falling hard, hitting lows last seen more than 12 years ago. maria, back to you. >> all right, thank you so much. we just heard from howard schultz weighing in to support mike ullman. mike ullman sits on the starbucks board. you heard howard a few moments ago saying that he is an esteemed leader, really backing him and supporting him in the face of ackman's calls for him to resign. the s.e.c., meanwhile, wants jpmorgan to admit wrongdoing in any settlement related to last year's $6 billion london wh

>> the deputy attorney general james cole said recently -- we've seen a lot of stories about the nsanow and then there may be a mistake. every now and then. 2,700 times in a single year is not every now and then. they knew this was going on and the nsa was routinely violating their charter. they still did it. >> the results are the same if your privacy's been breached. >> and you talk about what's happened with the health care law and what marco rubio coming owl out saying look out with the executive orders on immigration and you're stating to see the way the president governs and it's getting many people uneasy. he's governing through executive order saying, congress, i don't really need you right now. for example, changes to the health care law saying wait until 2015 to implement the mandatory insurer of employees, wait to tell insurance companies you don't have to have this low payout for all insurance companies. now, look at some of the things the president has already have proclamations and come forward and said this is the way things are going to be. >> you talk about a number

cole jennings is what he's talking about. was a gentleman. he was raised in the house with the family. he as the body servant, as used to call it. slept in the room with james madison. >> slave? >> yeah. he was of the family. mrs. madison would haven't sold anything or anybody. rotten son by s her first marriage. and i don't know what ever happened to him. and used romising boy to be invited by jefferson to dine at the white house and all. wrong somewhere and really a runk and a character. he would sell anything she had. the iaries of madison, famous diaries that were illegally kept, henry clay and congress ster got the to pay her $25,000 for it. that was a year's salary for a president. it in a un through minute. she let him do anything. paul he one that sold jennings to the slave trader, that's the worst part of it all. goes on. the slave traders he brought suki, her maid in that she had been with forever was with her in the white house flight was sold and other house servants and a man man -- a friend was there and he said it was horrible. they looked like frightened doves. mrs. madison, her son just had power over them. that's how that ended, a story.e