Senate Judiciary Committee Challenges Bush Administration's Domestic Eavesdropping Program

Strategic Insights -

A skeptical Senate Judiciary Committee questioned the Bush administration's legal justification for its domestic eavesdropping program, with members from both parties calling for a special federal court ruling on whether the practice violates U.S. law. In testimony, Attorney General Alberto Gonzales defended the enhanced surveillance program as lawful and vital for protecting the country, citing the president's obligation to defend the country and the authority given by Congress to use necessary force to fight terrorists. However, committee members argued that the president does not have a blank check, and that the Foreign Intelligence Surveillance Act of 1978 prohibits government eavesdropping on Americans without a warrant.

Key Takeaways:

  • The Senate Judiciary Committee questioned the Bush administration's legal justification for the domestic eavesdropping program, with members from both parties calling for a special federal court ruling.
  • Attorney General Alberto Gonzales defended the enhanced surveillance program as lawful and vital for protecting the country, citing the president's obligation to defend the country and the authority given by Congress to use necessary force to fight terrorists.
  • Committee members argued that the president does not have a blank check, and that the Foreign Intelligence Surveillance Act of 1978 prohibits government eavesdropping on Americans without a warrant.
  • Sen. Arlen Specter, R-Pa., proposed that the Bush administration should subject its program to a review by the FISA court.
  • Several Democrats on the committee accused Bush of breaking the law, while several Republicans said the legal issues raised by the surveillance program were profound and need to be clarified through the FISA court or congressional legislation.
  • Sen. Lindsey Graham, R-S.C., called the administration's strategy "very dangerous" and argued that the 2001 use-of-force resolution did not grant the president authority to order wiretaps without warrants.
  • Sen. John Cornyn, R-Texas, agreed that the administration had implicit authority to order such wiretaps based on the 2001 use-of-force resolution.

Statistics:

  • The Senate Judiciary Committee held about eight hours of testimony before the committee, the first of several planned hearings on the surveillance program.
  • The Bush administration has argued that the domestic eavesdropping program is necessary to detect and deter terrorist attacks.
  • The Foreign Intelligence Surveillance Act of 1978 contains a "forceful and blanket prohibition" against government eavesdropping on Americans without a warrant, according to Sen. Arlen Specter.

Sources:

  • Bob Deans, "Senate Committee Challenges White House on Wiretaps," Cox News, no date provided.
  • Additional material from wire services.