Senator Kennedy said we are sending a message to the people conducting the
taps they may be prosecuted for illegal taps, also we are sending a message to
the telecommunication companies that they are under siege and could result in
criminal prosecution and has already lead to a civil case. He also brought up
the issue that prosecutions against terrorists could be thrown out because of
the legalities of the wiretaps.

Kennedy asked why they didn’t follow the same path that President Ford
followed when FISA was created by going through the judiciary committee and
Congress to get a law passed. Gonzalez said it was their opinion they didn’t
have to. He has thrown out the “its a different time” defense saying the war on
tap is different. Kennedy rebutted with the fact that the threat for FISA was a
nuclear attack and that Ed Levy (sp?), the AG under Ford at the time of FISA’a
creation talked to outside authorities.

They are in a ten minute break now.