This is a rush transcript from "Hannity," November 17, 2010. This copy may not be in its final form and may be updated.
SEAN HANNITY, HOST: Despite the growing protests the TSA and the Department of Homeland Security continue to stand by their invasive scanners and pat-downs at the airports. Now earlier today TSA administrator John Pistole was on Capitol Hill defending these new procedures.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: I must admit I get the impression that you're expressing your understanding. I'm thinking nothing is going to change.
JOHN PISTOLE, TSA ADMINISTRATOR: Well, so if your question is, do I understand the sensitivities of people? Yes. If you're asking, am I going to change the policies? No. Because I think that is what being informed by the latest intelligence, the latest efforts by terrorists that kill our people in the air.
No, I'm not going to change those policies.
(END OF VIDEO CLIP)
HANNITY: Now it's just not passengers who are outraged. A growing number of airline pilots are also just as upset and some are not going to stand for it any more.
And joining me now is Michael Roberts. He is one of two commercial airline pilots who are suing the Department of Homeland Security and the TSA, claiming the new procedures violate their constitution rights.
His lawyer John Whitehead from the Rutherford Institute is also here.
Guys, welcome aboard.
John, why don't you tell us about the lawsuit.
JOHN WHITEHEAD, THE RUTHERFORD INSTITUTE: Well, it's a 4th Amendment lawsuit. Under our Constitution, the 4th Amendment protects us against unreasonable searches and seizures.
In this country we've never allowed any kind of government agents, whether it'd be police or people that work for the government to conduct full body strip searches which is what the body scanners do, or pat-downs unless there's some kind suspicion of criminal activity.
WHITEHEAD: None of that is available here. So that's exactly what's happening. And the question is, does our Constitution protect us or does it not?
HANNITY: All right. Michael, you and another pilot in separate incidents, you refused to submit to either the full body scan or the enhanced pat-down. Tell us what happened.
MICHAEL ROBERTS, PILOT SUING HOMELAND SECURITY: Well, Sean, it's pretty simple. I was commuting to work in Houston where I'm based. And I was stopped along the way by federal agents. And they wanted to see my penis.
And when I told them that was not OK, they said, all right, it's optional.
HANNITY: Whoa, whoa, wait, wait.
ROBERTS: But we're going to have to put our hands on them, instead.
HANNITY: Wait. Michael, hang on. They wanted to see what?
ROBERTS: You heard me. They wanted -- as John Tyner put it they wanted to see my junk. And I said yes, that's not OK, guys.
HANNITY: Wait. Wait a minute, when you said --
ROBERTS: And --
HANNITY: Wait a minute. They wanted to see it?
ROBERTS: Well, that's what those machines do. It's a virtual strip search. The AIT scanners scan your body. They can see whether a man is circumcised or a woman is menstruating. They can see everything.
HANNITY: All right. So you refused -- you have not flown since -- as I understand it -- mid October as a result of this?
ROBERTS: That was the 15th. That's right.
HANNITY: OK. What's -- and the reason given -- do you still have the option to comply?
ROBERTS: Well, yes, I suppose I do.
HANNITY: Yes. But as far as you are saying you will not submit to this in any way?
ROBERTS: Well, no. Like I said, if I don't show it to them, then they -- they insist on touching it. And if I don't let them do either one of those things, then my only option is to go home and that's where I am. I'm at home.
HANNITY: All right. So, John, let's examine the legal -- your legal remedies here and what you think your chances are in court.
WHITEHEAD: Well, I think our chances are good if the rule of law upholds, as the current law is that you can't strip search or do full body frisks. And what Michael is talking about are the frisks they're doing are really invasive. The slide method, they go up and they touch the genitalia or the breasts of women.
We've got hundreds of e-mails across the country from women who are outraged, men as well. So if the Constitution is in operation we should win this case under the 4th Amendment. It guarantees against unreasonable searches and seizures.
If we don't stop this at airports, in my opinion?