Q: Stepping back from the immediate NSA debate that’s going on right now, Vice President Cheney recently said that the White House is reasserting its executive power. Is the NSA program part of that effort? And what do you say to Democrats who charge that you are abusing your constitutional authority?
THE PRESIDENT: I would say that there has been a historical debate between the executive branch and the legislative branch as to who’s got what power. And I don’t view it as a contest with the legislative branch. Maybe they view it as a contest with the executive; I just don’t. I view it — I view the decisions I’ve made, particularly when it comes to national security, as necessary decisions to protect the American people. That’s how –that’s the lens on which I analyze things, Jonathan. And I understand we’re at war with an enemy that wants to hit us again. Osama bin Laden made that clear the other day, and I take his words very seriously. And I also take my responsibility to protect the American people very seriously.
And so we’re going to do what is necessary, within the Constitution and within the law, and at the same time guaranteeing people’s civil liberties, to protect the people. And that’s how I look at this debate. Now, there’s all kinds of people taking a step back and saying well, this is this, this is that. And I recognize throughout history, people — there have been a debate about legislative power and executive power. Part of the questions asked here today kind of reflect that debate.
I’m going to leave that to the lawyers. I believe I’ve been hired by the people to do my job, and that’s to protect the people, and that’s what I’m going to do, mindful of my authorities within the Constitution, mindful of our need to make sure that we stay within the law, and mindful of the need to protect the civil liberties of the people.
Q: Mr. President, though — this is a direct follow up to that — the FISA law was implemented in 1978 in part because of revelations that the National Security Agency was spying domestically. What is wrong with that law if you feel you have to circumvent it and, as you just admitted, expand presidential power?
THE PRESIDENT: May I — if I might, you said that I have to circumvent it. There — wait a minute. That’s a — there’s something — it’s like saying, you know, you’re breaking the law. I’m not. See, that’s what you’ve got to understand. I am upholding my duty, and at the same time, doing so under the law and with the Constitution behind me. That’s just very important for you to understand.
Secondly, the FISA law was written in 1978. We’re having this discussion in 2006. It’s a different world. And FISA is still an important tool. It’s an important tool. And we still use that tool. But also — and we — look — I said, look, is it possible to conduct this program under the old law? And people said, it doesn’t work in order to be able to do the job we expect us to do.
And so that’s why I made the decision I made. And you know, “circumventing” is a loaded word, and I refuse to accept it, because I believe what I’m doing is legally right.