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Of flynn with the russian ambassador, those were looked at once, according to your article, after intelligence officials were surprised that russia didn't retaliate for u.s. actions against russia, is that correct? >> caller: correct. the fbi has a wire tap on the russian ambassador and other diplomats, and they collect that all the time. and so after putin didn't respond as many officials had expected, intell analysts were scratching their heads, trying to figure out what happened, why didn't putin do what was expected. when they looked through the intelligence, they saw these communications ...

Under those issues are discovery and evidence rules that can't be disregarded just because the government is the custodian of the record. >> if the government went through a wire tap and got actual conversation that would get somebody off of a wrongfully convicted crime, i'm with you. but the metadata, not going -- >> thigh took it under the guise of national security, espionage and terrorist, i would pray to god they don't give it away to defense attorneys. leave it there. >> from the nsa collecting phone records to the healthcare law spreading around your medical records, meet the doctor who...

That nsa does. foreign intelligence with a focus on counter-terrorism. that is our mission to protect this country from things like 9-11. >> the programs require political contortions from president obama who just weeks ago spoke of striking a balance. >> they have interest in security and values in privacy. >> back in 2007 candidate obama was not accommodating with the same bush era they support. >> i am going to call my attorney general and say i want you to review every executive order whether it is a wire tap or detaining people or whatever it is i want you to go through every single one o...

Company e-mail to do it? >> they shouldn't be able to, megyn. yes, can they look at it, yes. when you're a fbi agent and try to get a wire tap through the court the court will give you limited parameters what you can look at. if you're doing an investigation the employer is doing an investigation only looking for very specific things, not the items-- >> they're monitoring-- >> what if you attach something on the personal e-mail they don't like. could they use that against you or fire you for that? >> possibly. i think what they're doing is they're monitoring, also, how you're using your time. ...

Want to do a wire tap, you have to get approval from the doj. they did that in operation fast & furious and congress has been trying to figure out who signed on that at doj which claims they didn't know big about fast & furious and what do the wire taps say, because if they say a lot of stuff about the bad aspects of fast & furious, it would undermine doj's claim they didn't know anything about fast & furious or how controversial it was. here's attorney general eric holder last year: >> i would be surprised if the tactics themselves, about gun walking, were actually contained in those applicat...