Specter Blasts Spy Program Rationale

Republican Senator Says He Believes Bush Violated 1978 Law

(CBS/AP) 
Sen. Russell Feingold, D-Wis., was expected to press Gonzales on why, during Gonzales' confirmation hearings last year to be attorney general, he dismissed as "hypothetical" a situation in which the government conducted warrantless eavesdropping. The NSA program was long in place by then, and Gonzales was White House counsel.

Assistant Attorney General William Moschella, in a letter Friday to Feingold, said Gonzales was referring to as "hypothetical" the idea that Bush would allow warrantless monitoring that was illegal.

That statement is accurate, Moschella wrote in a letter obtained by the AP, because the administration's position is that Bush had legal authority under the 2001 congressional resolution.

Gonzales has acknowledged disagreement with former Justice Department officials, including Attorney General John Ashcroft and Deputy Attorney General James Comey, about the legality of the program.

In responses to written questions from Specter, Gonzales challenged media portrayals about the scope of the spy program, saying it is not "a dragnet that sucks in all conversations and uses computer searches to pick out calls of interest."

The Washington Post, citing unnamed sources, reported Sunday that the program involves computers sifting through hundreds of thousands of communications to select for human review. The program has resulted in thousands of conversations in which someone in the U.S. has been at least briefly monitored, the Post said.

The Post report said that nearly all of them were quickly dismissed as insignificant and that perhaps no more than 10 solid leads a year have been pursued with further domestic surveillance, usually with a court warrant.

But Gen. Michael Hayden, the No. 2 intelligence official in the government, said it was "not true" that "we somehow grab the content of communications and then use the content of the communications to determine which of the communications we really want to listen to."

"When NSA goes after the content of a communication under this authorization from the president, the NSA has already established its reasons for being interested in that specific communication," Hayden said on "Fox News Sunday."

In addition to possibly pursuing documents about the program's legal basis, Specter said he might seek testimony from Ashcroft and Comey.

"If we come to it and we need it, I'll be open about it," Specter said, referring to subpoenas. "If the necessity arises, I won't be timid."

Specter also said the administration should tread carefully when it came to using subpoenas against journalists to investigate leaks of classified information. The New York Times in December disclosed the existence of the NSA program, which is classified.

"I think if you move into the area of really serious national security issues, that there may be a justification for it," he said.