Gonzales makes case for surveillance program

Gonzales reiterated the administration’s contention that Bush was authorized to allow the NSA to eavesdrop, without first obtaining warrants, on people inside the United States whose calls or e-mails may be linked to terrorism.

Sen. Edward M. Kennedy, D-Mass., told Gonzales the administration broke with the time-honored system of checks and balances by not seeking greater congressional cooperation.

Kennedy says program is ‘unwise’ risk
Kennedy said the eavesdropping program could actually weaken national security, raising the prospect that terrorist suspects could go free if courts rule evidence collected from such surveillance to be tainted.

“We’re taking a risk with national security which I think is unwise,” Kennedy said.

“We don’t believe prosecutions are going to be jeopardized because of this program,” Gonzales told Kennedy.

Gonzales declined to discuss details of the operation, as skeptics of the program have demanded. “An open discussion of the operational details of this program would put the lives of Americans at risk,” he said.

The program has sparked a heated debate about presidential powers in the war on terrorism since it was first disclosed in December.

Gonzales argued that Congress did, in fact, authorize the president in September 2001 to use military force in the war on terrorism.

He noted that the legislation “calls on the president to protect Americans both ’at home and abroad,”’ and “to take action to prevent further terrorist attacks ’against the United States.”’

But congressional Democrats have said they did not intend to order domestic surveillance.

‘This isn’t a drift net’
News accounts have suggested the program vacuums up vast amounts of communications and sifts through them for possible links to terrorists. Gen. Michael Hayden, the nation’s No. 2 intelligence official, rejected that, saying on Sunday that the NSA first establishes a reason for being interested in the calls or e-mails.

“This isn’t a drift net over Lackawanna (N.Y.) or Fremont (Calif.) or Dearborn (Mich.), grabbing all communications and then sifting them out,” Hayden said of three U.S. cities with sizable Muslim populations.

Sen. Dianne Feinstein, D-Calif., told Specter last week that he should compel the Justice Department to turn over classified legal opinions on the program, using subpoenas if necessary.

Specter said Sunday he’s open to that. “If the necessity arises, I won’t be timid,” he said.

More officials may be called
The Judiciary Committee’s Democrats want Specter to call more administration officials for questioning, including former Attorney General John Ashcroft and ex-Deputy Attorney General Jim Comey, both of whom reportedly objected to parts of the program.

Specter said such appearances were possible.

The committee chairman asked Gonzales if he would have any objections to Ashcroft’s appearance before the committee on the spy program. Gonzales told Specter his committee could ask whomever they wanted to appear. “Senator, I don’t think I would have an objection.”

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