Gonzales defends wiretaps

By David Morgan

WASHINGTON (Reuters) - Democratic senators tangled on Monday with Attorney General Alberto Gonzales over his defense of the Bush administration's electronic eavesdropping program, with one accusing him of skirting all questions relevant to the congressional probe.

Gonzales called the National Security Agency surveillance of phone calls and e-mail without a warrant an indispensable "early warning system" against attacks, but skeptical senators, including some Republicans, challenged his assertion that the Constitution and the U.S. Congress gave President George W. Bush the authorization to act.

During the often testy daylong hearing, Gonzales fielded scores of questions but repeatedly declined to answer, citing the secrecy of the program and saying operational details

could not be made public without ruining the ability to monitor contacts between militants abroad and their U.S. affiliates.

Visibly frustrated, the top Democrat on the Senate Judiciary Committee, Sen. Patrick Leahy of Vermont, abruptly broke in at one point: "Of course, I'm sorry, Mr. Attorney General, I forgot you can't answer any questions that might be relevant to this."

Leahy accused the administration of acting "illegally without safeguards."

New York Democrat Charles Schumer told Gonzales, "I know it's been a long day for you. Especially with all that bobbing and weaving, it's not so easy."

Gonzales refused to discuss the scope of the program that Bush authorized in 2002, any successes, possible abuses or any safeguards in place.

Some Republicans also criticized the administration, saying it should have asked Congress to authorize the program specifically, instead of relying on a broad authorization to use force after the September 11 attacks, the Constitution and inherent executive authority.

Chairman Sen. Arlen Specter, a Pennsylvania Republican who chairs the committee, said while "the president of the United States has the fundamental responsibility to protect the country ... the president does not have a blank check."

Ohio Republican Mike DeWine said the administration would stand on firmer ground if it had sought specific congressional backing, and Republican Sen. Lindsey Graham of South Carolina said he never envisioned such eavesdropping to be part of the post-September 11 legislation he helped pass.

DEFENDING THE PROGRAM

Gonzales insisted the president's authorization of the program was consistent with the law and his constitutional authorities, and in an unusually pointed remark for the soft-spoken attorney general, said:

"There have been many statements today about 'No one is above the law.' And I would simply remind -- and I know this doesn't need to be stated -- but no one is above the Constitution either, not even the Congress."

Critics say the program violates privacy rights as well as the 1978 Foreign Intelligence Surveillance Act, or FISA, which makes spying on Americans in the United States illegal without the approval of a special secret court. Gonzales said FISA was often not nimble enough to protect the country.

Specter urged Bush to let a secret FISA court review the eavesdropping program.

"You think you're right. But there are a lot of people who think you're wrong. As a matter of public confidence, why not take it to the FISA court?" the senator asked.

Democratic Sen. Russ Feingold of Wisconsin accused Gonzales of misleading the Senate during his confirmation hearings in January 2005 when the attorney general said under oath that Bush would not authorize illegal action.

To Feingold's question on Monday of whether Bush had authorized any other actions that would be illegal if not permitted under similar claims of constitutional power or authorization to use military force, Gonzales said: "Not to my knowledge, senator."

Specter said this was the first of at least three hearings on the matter, adding that former Attorney General John Ashcroft, who expressed reservations about the program, was considering a request to testify.

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