MR. GONZALES: The president has the constitutional authority to make the decision as to what, what is in that national interest of the country.
REP. NADLER: For whatever reason he feels like.
MR. GONZALES: He has the authority under the Constitution to make that determination.
REP. NADLER: OK.
(End videotape)
RUSSERT: Do you agree with that legal reasoning?
SEN. KERRY: I think it’s time for the attorney general to start standing up and protecting the Constitution and the country, and not the politics of this administration. The fact is, on, you know—I mean, on one side, this is the first evidence we’ve had that the president was actually in the White House loop. On the second side, it is wrong for the president of the United States, who has the right, obviously, to declassify material, to declassify it selectively in order to buttress phony arguments to go to war, and not declassify the counter arguments. And it is wrong for the president to do it in a way that attacks people politically. That’s what this was for. This was not a declassification in order to really educate America. This was a declassification order to mislead America, in order to mislead them about that yellow cake from Nigeria, the uranium material, and in order to buttress their phony argument about the war. And I think it’s a disgrace. The fact is...
MR. RUSSERT: But it’s not—it’s not illegal.
SEN. KERRY: Well, the president has the right, obviously, to declassify. Whether he has the right to declassify for these kinds of political purposes, I don’t know. Let me read you what his father said. Do you know what his father said? George Herbert Walker Bush said in 1991 at the dedication of the George Bush CIA headquarters, he said, “Even though I’m a tranquil guy now at this stage of my life, I have nothing but contempt and anger for those who betray the trust by exposing the name of our sources. They are, in my view, the most insidious of traitors.”
MR. RUSSERT: But there’s no one suggesting...
SEN. KERRY: George Herbert Walker—no.
MR. RUSSERT: ...there’s no one suggesting that President Bush revealed the name...
SEN. KERRY: No, absolutely nothing. But one thing led to another, Tim. This administration did reveal the name. We know repeatedly now from the Fitzpatrick documents that not only Scooter Libby but Karl Rove and others told the name to people. They were using the name, and, and I’m—I just think all Americans are tired of this.
We now have evidence in a court in San Francisco that documents show that they were eavesdropping through I think it was AOL, that they were getting into American accounts. So there’s now evidence, not just of foreign eavesdropping surveillance, but of domestic eavesdropping surveillance on a blanket basis.MR. RUSSERT: Senator Russ Feingold, your Democratic colleague from Wisconsin, said the president should be censured for his eavesdropping program because he did not seek authority that Feingold insists is demanded by statute. Would you vote to censure President Bush?
SEN. KERRY: Yes.
MR. RUSSERT: What would be the penalty?
SEN. KERRY: The penalty is the censure itself, is the reprimand by the United State Congress for action that is inappropriate.
MR. RUSSERT: Did he violate the Constitution?
SEN. KERRY: He violated the law, in my judgment.http://msnbc.msn.com/id/12169680