Sen. Lindsey Graham, R-S.C., panned a lawsuit against National Security Agency data collection filed by Sen. Rand Paul, R-Ky., saying that the bulk phone data collection program does not involve the Fourth Amendment.

“I think collecting data is not a Fourth Amendment activity if it’s related to gathering intelligence to prevent a terrorist attack,” Graham told the Washington Examiner. “It’s not being used to prosecute anybody. This is an intelligence-gathering process and we’ll leave it up to the courts to see if it somehow has violated the Fourth Amendment.”