TAPPER: They disagree, though.
OBAMA: Well, but the fact that they disagree does not mean that they're right on this. What it means is, is that they have been willing to skirt basic protections that are in our Constitution, that our founders put in place.
And it is my firm belief that we can track terrorists, we can crack down on threats against the United States, but we can do so within the constraints of our Constitution. And there has been no evidence on their part that we can't.
And, you know, let's take the example of Guantanamo. What we know is that, in previous terrorist attacks -- for example, the first attack against the World Trade Center, we were able to arrest those responsible, put them on trial. They are currently in U.S. prisons, incapacitated.
And the fact that the administration has not tried to do that has created a situation where not only have we never actually put many of these folks on trial, but we have destroyed our credibility when it comes to rule of law all around the world, and given a huge boost to terrorist recruitment in countries that say, "Look, this is how the United States treats Muslims."
So that, I think, is an example of something that was unnecessary. We could have done the exact same thing, but done it in a way that was consistent with our laws.
TAPPER: You and Senator John McCain are both talking about the need to reach across the partisan divide.
OBAMA: Right.
TAPPER: It's not difficult to look at Senator McCain's record and see examples of times when he reached across the partisan divide at great political risk to himself: immigration reform, Gang of 14, campaign finance reform.
I know that you have worked across the aisle.
OBAMA: Absolutely.
TAPPER: But have you ever worked across the aisle in such a way that entailed a political risk for yourself?
OBAMA: Well, look, when I was doing ethics reform legislation, for example, that wasn't popular with Democrats or Republicans. So any time that you actually try to get something done in Washington, it entails some political risks.
But I think the basic principle which you pointed out is that I have consistently said, when it comes to solving problems, like nuclear proliferation or reducing the influence of lobbyists in Washington, that I don't approach this from a partisan or ideological perspective.
And the same is true when it comes to the economy. The same is true when it comes to national security. You know, this administration, the Bush administration, has made, for example, the war on terror into a sharply partisan issue.