Former New York City Mayor Rudy Giuliani said Monday that Kentucky Sen. Rand Paul, a Republican presidential candidate, is "extremely reckless" in his fight against the Obama administration and Senate Republicans in renewing certain parts of the Patriot Act.

Some laws that govern domestic government surveillance techniques, as part of the Patriot Act, expired on Monday, after the Senate failed to pass an extension Sunday.

"This man is living in Never Never Land," said Giuliani on Fox News. "We need these [phone record] intercepts. We have protected thousands and thousands of American citizens as a result of it."

Paul has been the most vocal opponent of laws that permit the federal government to amass the phone records of American citizens, calling them unconstitutional.

Senate Majority Leader Mitch McConnell, R-Ky., has said he will open debate this week on a House-passed bill that modifies the government's data collection initiatives. The USA Freedom Act would end the government's gathering of phone data but allow the government to search the records of phone companies. The bill is supported by President Obama.

Giuliani said he trusts the government not to use the information for "nefarious purposes."

"This information is in the hands of some of our biggest patriots," he said.

Asked if he could support Paul, should he win the GOP presidential nomination, Giuliani said it would be "very, very tough." He said, however, that he does not have a preferred candidate.

Giuliani also said that he would not enter the race. "I believe I can't get nominated because of my views on gay marriage," he said. "I'm in favor of gay rights. I see it as an issue of equality. I'm pro-choice. I'm anti-abortion personally but I'm pro-choice. I'm pro-immigrant and haven't backed down from it."