• With: Sen. Rand Paul, R-Ky.

    (CROSSTALK)

    CAVUTO: How do you look at this guy, as a hero, as a villain? Where do you stand?

    PAUL: Well, I would say that when people commit civil disobedience, they are doing something a lot of times because they think no one is listening, they're at wit's end. And he felt like basically the director of intelligence had lied.

    So really you have two individuals that history will judge, one, an intelligence director who blatantly lied to the Senate and said he wasn't collecting any data when in fact he was collecting billions of pieces of every day on Americans, and then another gentleman who was obligated not to leak secret documents, but felt like the country was lying to the people about a program. And he thought it was going against the grain of the Constitution, and at great peril to himself, maybe not physical, but he has gone into exile, may never be able to return without being incarcerated.

    I think history will judge whether he is a hero or villain.

    CAVUTO: Because a lot of people whether his intentions were heroic or not, by running to Hong Kong, essentially to China, that is not heroic. You say what?

    PAUL: I think everybody will make their own judgment.

    I think choosing exile is hard for anyone.

    CAVUTO: Right.

    PAUL: And risking imprisonment, long-term imprisonment.

    The thing is, is, really we should be asking the question about, is the director of intelligence a hero or a villain for lying to Congress, for hiding a massive program that is looking at every American's cell phone data every day?

    CAVUTO: When are you going to file this suit, Senator?

    PAUL: We're going to have a press conference tomorrow. There will be I believe 86 different groups that are involved and interested in privacy, the Bill of Rights, the Fourth Amendment. There may be several different lawsuits.

    But what we are asking people if they want to be part of this lawsuit is to go RANDPAC.com. On that web site, they can give us their permission to become part of a lawsuit.

    And I think if millions of people were to get interested and say, you know what, there are limits, I want them to get terrorists, I want them to get criminals, I want them to get bad guys, but I also want some semblance of privacy. If millions of people turned out and said that, I think all of a sudden we could get a change in the direction of the country.

    CAVUTO: And just to be clear, because I'm no lawyer, who are you suing?

    PAUL: It would have to be the government's position on this, trying to overturn a...

    CAVUTO: But would it be the White House? I understand the government's position, but would it target the White House, the president?

    (CROSSTALK)

    PAUL: Well, it would have to be the FISA court order that gave permission to do this.

    CAVUTO: Gotcha.

    PAUL: So, they have gone -- they have gone by what they think the law is. It would be us saying the law...

    (CROSSTALK)

    CAVUTO: So it's really the Justice Department? You are suing the Justice Department?

    PAUL: Well, it's the constitutionality.

    CAVUTO: Gotcha

    PAUL: We are suing over the constitutionality of these orders.

    CAVUTO: All right, Senator, thank you very much. We will be watching very closely.

    PAUL: Thank you, Neil.

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