Sen Feinstein and Rep Rogers walk away from questions on Fourth Amendment

SH: Senator, many Americans are concerned about the revelations this week and how they square with the Fourth Amendment of the Constitution. Let’s start there. What does the Fourth Amendment of the Constitution say?

From Washington Stake Out:

Sen. Dianne Feinstein: Well, it’s protection against search and seizure. The program here –

SH: — and the measure is probable cause –

DF: The program here is legal. It has been passed by the Department of Justice as a legal program. It is carefully audited. You have inspectors generals independently looking at it. It is reviewed by the court every three months. And the court — when they pass out one document which was the document that was revealed — which said it could continue for another three months, the court also passes another statement which puts strictures on the program for the remaining three months.

SH: — The Fourth –

Rep. Mike Rogers: Can I interject there: the important part of that as well–as all of this is right — is that is not targeted on Americans. It has to be a non-U.S. person believed to be on foreign soil. That is a huge difference from what is being portrayed in the media.

SH: That is not the case with the program pertaining to phone data. The Fourth Amendment stipulates that people’s papers shall not be violated but upon probable cause.

MR: I’m not sure who you are with. I am not sure, we’re getting into a debate here.

SH: I am quoting the Fourth Amendment here.

MR: — I understand. But case law also –

SH: — supported by oath or affirmation –

DF: I think there’s no sense –

MR: If you want a debate we can do that later.

SH: I don’t want a debate –

DF: We’ll do that another time.

SH: I’m just quoting the Fourth Amendment. I want you to square this program with the Fourth Amendment.