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Security adviser, susan rice, might ask for those identities to be unmasked so she can understand the intelligence value of that conversation. makes sense to me. >> and it's something you referred to in the past as attempt as criminalization of routine intelligence gathering. >> right. and this example kind of stands out that if this were one of those cases where she asked for unmasking, she would be derelict in her duty if she didn't try to find out more. >> okay. let me try and be generous toward the trump administration with regard to this inquiry. the fact that "the washington post" broke ...

In light of those facts, they have to walk back the initial claim but the president was clear about what he was charging, that president obama himself wiretapped mr. trump himself. no evidence of that saying republican members of the house, the attorney general, et cetera, so when at he's talking about n is something different and that's crucial because there is evidence that the intelligence community was surveilling russians who were in touch with members of trump's campaign during the campaign. that is perfectly legal. these are russian officials and other russians known to u.s. intelligenc...

To permit sort of routine intelligence gathering beyond any kind of imminent requirement and that's really problematic. and -- has not been judiciarily sanctioned and should be tested in court. i think that her going for some sort of, you know, hybrid here between criminal process which shouldn't permit this kind of exception and a form of preventative detention borrowed from the -- sort of guantanamo paradigm. that's a very dangerous hybrid that we need to be careful to prevent. >> i mean, it is -- seems like there's almost a -- a middle ground the administration is trying to establish. we ha...

>> and it's something you referred to in the past as an attempt at criminalization of routine intelligence gathering. >> right. and this example kind of stands out that if this were one of those cases where she asked for unmasking, she would be derelict in her duty if she didn't try to find out more. >> okay. let me try and be generous toward the trump administration with regard to this inquiry. the fact that "the washington post" broke the story, the fact that general hayden, former head of nsa and cia is on cnn now able to discuss it means someone leaked it. do they have a point when they sa...