http://transcripts.cnn.com/TRANSCRIPTS/0608/18/ltm.07.htmlHere's the portion after Ridge:
O'BRIEN: Former Homeland Security Secretary Tom Ridge, thanks for spending a little time with us.
Let's get the other side in now. Jonathan Turley has spoke early and often in opposition of wiretapping without warrants.
You heard what he said. This -- we've talked about this before, Jonathan, this whole notion of technology versus the law. The law is just by its nature is slow to react to new things. Does that in any way -- it's sort of an -- you know there's a bit of an end justifies the means kind of argument here. Does that justify it?
JONATHAN TURLEY, GWU LAW SCHOOL: No, it doesn't. And I'm perplexed by what Secretary Ridge said. Under FISA, the example he gave of an intercept that's ongoing of having to get a warrant, that problem doesn't exist. It is continually referred to by the White House. They can go ahead and do expedited interceptions without a warrant. The federal law does not require that.
O'BRIEN: And then they get the warrant retroactive.
TURLEY: That's right. And when Secretary Ridge says you know it's great that we're having this debate and it's great that the judge is looking at this, and that's what we all want, that's not what the White House wants. The White House has been trying to prevent judges from looking at their so-called legal authority.
They go to the Hill and people like Alberto Gonzales say our authority is clear and we look forward to presenting this type of authority in court. But in every one of these cases, they've tried to use the military and state's secrets privilege to prevent the judge from determining whether this is lawful.
So what Secretary Ridge is talking about of how wonderful it is that we can all debate the law, the president is trying to stop that. He's trying to keep judges, including this judge, from actually rendering a legal decision. She didn't stand for that. And she said, look, I'm not going to dismiss this case because you say there's secret things in your safe. Unless you've got a federal statute in your safe then you don't have legal authority and you can't have this program.
O'BRIEN: All right. But let's get this final point here. "The Wall Street Journal" with an editorial this morning said in part this, "Monitoring the communications of our enemies is neither a luxury nor some sinister plot to chill domestic dissent. It's a matter of life and death." If it's a matter of life and death, if people will die, in fact, because the Bush administration does not have the power to do this, what do you say to that?
TURLEY: The only thing the Bush administration does not have the power to do is to violate the Constitution. And when people like President Bush or Secretary Ridge come forward and say, you know, look, we have got to do this to protect your lives, every abuse in history has been based on that type of rationale.
We're trying to protect a legacy. We're trying to protect the thing that defines us that rule of law. And if we start to allow our leaders to say just look the other way because we've got good motivations, then well we've already lost the war.
But the important thing for the viewers to understand is they can do an enormous amount of surveillance, and they've never asked Congress for this power. Secretary Ridge says, well, we didn't ask it because we think they take too long. How do you know that? Congress has given the administration virtually every demand, in my view too many of the demands that they have made.
And the reason they did this is because long before 9/11, there were people in this administration that wanted to expand presidential authority. That was before 9/11. And they saw 9/11 as an opportunity to reinvent the presidency. And so they wanted to go it alone because they wanted to increase the power of that office.
O'BRIEN: Jonathan Turley, thank you for your words as well.
TURLEY: Thanks.