Bob argues that Cheney should have come clean much sooner over the Whittington shooting especially since Bush had to practically force Cheney to make a public appearance on his "super best pals," over at FOX. Frist runs for cover on that one and then says that the spy program is constitutional.
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Think Progress

FRIST: I believe the program -I know the program is constitutional-that it is legal-

SCHIEFFER: Alright, let me just stop you, and let me just get back to the question that I asked you. Since you know all about it, as you're one of the 8 who knows more about it than the others, do you think that the whole situation needs to be brought under the control of the court? Do you think we either need new laws to do that or do you think it’s ok to just keep going as you’re going?

FRIST: … Does it have to be thrown over to the courts, going back to the question you just asked? I don’t think so. I personally don't think so.

SCHIEFFER: You don't think that the court needs to issue a court order before they do that?

FRIST: No....read on