HANNITY: So we are at war.

ELLISON: We don't stop at one particular group. We are trying to protect Americans from any violent extremists, Muslim, Christian, Jewish, any kind. That's what I think is the right position.

HANNITY: Alright. I have another question for you. Because staying on the issue of the 9/11 mosques. Let me ask you, Imam Rauf said that the United States policies were an accessory to the crime that happened on 9/11. He also said Usama bin Laden is made in the USA. And he also said that America needs to be more Sharia compliant. Do you agree with him?

ELLISON: No, I don't agree with that position. I don't -- to tell you the truth, I don't know what he said. But what you said that he said, I don't agree with.

HANNITY: "60 Minutes."

ELLISON: I don't agree with the quotes you just read. I believe that Usama bin Laden is a criminal who should be arrested and should be held accountable for what he did. I don't think that innocent Americans who are killed on 9/11 had any blame whatsoever in their fate. And I stand opposed to anybody who thinks so.

HANNITY: All right. Because I'm glad to hear you say that because you were calling the foes of the mosque bigots. And I found his statement so over-the-top and bigoted in and of itself. And I'm glad to hear you say that.

Let me ask you as we move on --

ELLISON: Sean, let me say, I didn't call all of the opponents of Park 51 bigots. Some were, many were not.

HANNITY: You made a comparison.

ELLISON: There were people who had legitimate beliefs that were against that effort. But, you know, what? That's America. We all have a right to our difference of opinion. There were some individuals who I believe expressed extreme intolerance and I stand by that.

(END VIDEO CLIP)

HANNITY: And coming up, more of my interview with Congressman Keith Ellison coming up after the break.

(COMMERCIAL BREAK)

HANNITY: And welcome back to "Hannity". We continue now with more of my interview with Minnesota Congressman Keith Ellison.

(BEGIN VIDEO CLIP)

HANNITY: I've interviewed Peter King many times about these hearings that he's doing. And you gave a testimony there. Michael Chertoff said he has zero doubt that he knows for a fact that there are those that believe in the radicalization of Islam, that are here in America.

For example, you know, we've heard some from controversial Imams. We know there's recruiting going on here. We have the nation of Islam with Louis Farrakhan. Does the nation of Islam bother you at all?

ELLISON: Well, that's not an organization I'm associated with. Let me just tell you this --

HANNITY: I'm asking should we investigate them?

ELLISON: I mean, I think we should investigate people where there is probable cause to believe they committed a crime. Now, that's with what I believe. As a person who practiced law for 16 years, I don't think even if you don't like what people are saying, that you should call the instrumentally of the criminal justice system down on them. You need evidence of a crime to investigate people in a criminal justice conduct text, Sean.

I mean, I don't think that -- I think that that's why we have a Constitution. That's why the Fourth Amendment says that there should not be searches unless there's reasonable basis for it and unless it is an emergency that needs to be a warrant issued by a judge.

I mean, so, I'm one of those who believes in the Constitution, just saying let's investigate this person or that person just because I don't agree with their philosophy, that is not something I go along with. I'm more of a constitutionalist, Sean.

HANNITY: Yes, I'm a constitutionalist too.

ELLISON: I don't go in for the --

HANNITY: But the problem is.

ELLISON: You and I must agree that we wouldn't just investigate a group because we don't agree with them.

HANNITY: The problem is --

ELLISON: We got to have more than that. Would you agree with that, right?

HANNITY: The problem is --

ELLISON: Wouldn't you agree with that?

HANNITY: If you let me finish, I'm going to give you an answer, relax. The problem is that, if we have radical Islamists that believe in Jihad as a means of achieving their goals and they're in America and our Homeland Security secretary said, so, and Peter King wants to investigate to check into it, it seems like a reasonable thing in light of 3,000 Americans killed on 9/11. I want to ask about your testimony though specifically.

ELLISON: Let me say -- can I say -- Sean, can I say this, let me say one thing --

HANNITY: We're running out of time. I want to ask you about Hamdani because, his remains were, you talked about him in the hearing and you got very emotional.

ELLISON: Yes.

HANNITY: OK. There's been a lot of criticism that you took that story out of context. That in fact, there was if, maybe one or two or three reports that had been critical of him. But the Patriot Act mentioned him by name. And in fact talked about what a great hero he was.

Were you misleading the American people by saying that he had been attacked viciously?

ELLISON: Of course not. The fact is, is that, you know, I talked with his mother, I talked with his family, I talked with people who knew him and loved him. And I can tell you without a doubt that they were very much agreed about some of the rumors that some people, not all, were throwing around about him after they didn't know he was alive or dead.

So, all I've tried to do is humanize a guy who gave everything for his fellow country man and woman. I was actually surprised that some people, including you Sean, had such a negative emotional reaction when all I did is try to talk about a guy who was a hero, you can't deny that there were some people who are throwing rumors, negative rumors about him. And so, I don't know why you are so upset.