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Senators Reject Gonzales's Answers On U.S. Surveillance Program

By Nicholas Johnston and Kristin Jensen

Feb. 7 (Bloomberg) -- The Bush administration's domestic surveillance program to fight terrorism is under bipartisan attack, with U.S. senators demanding more answers from Attorney General Alberto Gonzales.

At the end of Gonzales's eight hours of testifying yesterday before the Senate Judiciary Committee, Chairman Arlen Specter scolded him for claiming that the administration hadn't violated a 1978 law that created a special court to issue warrants for investigations of terrorists and spies.

``That just defies logic and plain English,'' said Specter, a Pennsylvania Republican. He said no ``realistic or fair reading'' of a congressional resolution enacted after the Sept. 11, 2001, terror attacks suggested that lawmakers intended to give President George W. Bush power to order surveillance without a court warrant.

Gonzales defended the legality of a National Security Agency program that permits warrantless monitoring of phone calls and e- mails between people in the U.S. and suspected terrorists overseas. The attorney general provided the legal underpinnings for the program when he worked as White House counsel.

Members of Congress ``are feeling they need to reassert some of their authority that maybe the executive has claimed to itself,'' said Carl Tobias, a law professor at the University of Richmond in Virginia. ``It struck me that at least some senators who are Republicans were as concerned as Democrats.''

Bipartisan Attack

``The terrorist surveillance program is lawful in all respects,'' Gonzales said. ``Presidents throughout our history have authorized the warrantless surveillance of the enemy during wartime.''

Republicans and Democrats said they weren't satisfied with Gonzales's explanation and expressed frustration that the NSA program was conducted without consultation with Congress and court supervision.

``This is a very narrowly tailored program,'' Gonzales said.

``How do I know that?'' responded Illinois Democrat Dick Durbin. ``No one's looking over your shoulder'' to protect ``innocent people who wonder if you're going too far.''

Specter left open the possibility that Gonzales would be called to answer more questions from the committee in the future.

``If you believe you need new laws, then come in and tell us,'' said Patrick Leahy of Vermont, the Judiciary Committee's senior Democrat.

Fighting al-Qaeda

Gonzales sought to describe the program in benign terms, suggesting it is the U.S.'s first line of defense against the terrorist network al-Qaeda.

``It is the modern equivalent to a scout team sent ahead to do reconnaissance or a series of radar outposts designed to detect enemy movements,'' Gonzales said. ``As with all wartime operations, speed, agility and secrecy are essential to its success.''

Bush said in his State of the Union address last week that the program is essential to U.S. security.

Senators said the spying program violates the 1978 Foreign Intelligence Surveillance Act, which created the special court. ``The president's secret wiretapping program is not authorized'' by the law, Leahy said. ``This is against the law.''

At times, Republicans, who control the Senate, matched the Democrats in criticizing the program.

`Dangerous' Argument

The argument ``that you're making is very dangerous in terms of its application for the future,'' said Senator Lindsey Graham, a South Carolina Republican. He said Congress in the future might be reluctant to give the president broad authority, as it did in the wake of Sept. 11, to use force against U.S. enemies.

Under repeated questioning, Gonzales refused to say how sweeping the surveillance program is or what results it has produced. He also declined to say whether the administration is conducting other forms of eavesdropping, such as opening letters or reading e-mail within the U.S.

``I am not comfortable going down the road of saying yes or no as to what the president has or has not authorized,'' he said.

Senators Edward Kennedy, a Democrat from Massachusetts, and Mike DeWine, a Republican from Ohio, said they were concerned that Bush didn't seek Congress's express backing for the surveillance.

``This country would be stronger and the president would be stronger if he did so,'' DeWine said. ``Presidents are always stronger in the conduct of foreign affairs when Congress is on board.''

Republican Support

About 5,000 people in the last four years have had their communications monitored by U.S. intelligence, the Washington Post reported Feb. 5, citing an unidentified knowledgeable source. Almost all of them have been cleared of being potential terrorist threats, the newspaper said.

Specter said he plans one or two more sessions in the coming weeks to examine other aspects of the surveillance. The Senate's intelligence committee is planning to hold a closed hearing on the program in two days.

Some Republican members of the Judiciary Committee expressed support for the administration.

``People who are wildly saying the president is ignoring the law are ignoring all these cases that at least imply he has the inherent power to be able to do what he should to protect our nation during a time of war,'' Senator Orrin Hatch of Utah said.

To contact the reporters on this story: Nicholas Johnston on Capitol Hill at njohnston3@bloomberg.net Kristin Jensen in Washington kjensen@bloomberg.net;

Last Updated: February 7, 2006 00:08 EST

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