Legal Blow For Bush Spy Program

Judge Orders Justice Dept. To Release Documents On Warrantless Wiretaps

(CBS/AP)  Marshall Jarrett, the office's counsel, acknowledged the investigation in a letter to Rep. Maurice Hinchey. Jarrett's letter did not specify which of the agency's actions or employees are being examined.

"You asked this office to investigate the Department of Justice's role in authorizing, approving and auditing certain surveillance activities of the National Security Agency, and whether such activities are permissible under existing law. For your information, we have initiated an investigation," Jarrett wrote.

Hinchey is one of a few dozen Democratic lawmakers who have been highly critical of the eavesdropping program first revealed in December.

"We're very happy that the OPR is doing it, because it seems on the surface certain illegal actions may have taken place," Hinchey, one of Congress' most outspoken critics of President Bush, said Wednesday.

Justice Department spokesman Brian Roehrkasse said the office routinely looks into issues of this kind.

"They will not be making a determination on the lawfulness on the NSA program, but rather will determine whether the department's lawyers complied with their professional obligations in connection with examining this program," Roehrkasse said.

Democrats are seeking a wide-ranging examination of all domestic spying programs as the committee prepared to discuss the matter Thursday in a closed session. The Intelligence chairman, Republican Sen. Pat Roberts, has been generally less critical of the spying program than many other senators.

"Al Qaeda knows that we eavesdrop and wiretap," said Sen. Patrick Leahy, top Democrat on the Senate Judiciary Committee. "It is the American people who are surprised and deceived by the president's program of secret surveillance on them without a judge's approval."

Mr. Bush's decision to authorize the largest U.S. spy agency to monitor people inside the United States, without warrants, has generated a flurry of questions about the program's legal justification.

The Bush administration says the NSA's activities were narrowly targeted to intercept international calls and e-mails of Americans and others inside the U.S. with suspected ties to the al Qaeda network.