Gonzales Defends Legality of Surveillance

Gonzales said later that Bush was referring to "roving wiretaps" under the Patriot Act when he made those remarks.

Asked by Sen. Joseph R. Biden Jr. (D-Del.) whether he could assure the panel that "no one is being eavesdropped upon in the United States" other than people communicating with a suspected terrorist abroad, Gonzales said, "I can't give you absolutely assurance of the kind that you've asked for." He said he could not discuss such "operational details" of the program.

In response to other questions, Gonzales declined to say whether the authority the president claims also applies to eavesdropping without a warrant on communications entirely within the United States.

Nor would he say whether the administration's interpretation of its authority would allow the government, for example, to open the mail of U.S. citizens.

Pressed repeatedly on why the Bush administration did not ask Congress to amend FISA if it felt the law were inadequate, Gonzales said Bush was convinced he had the necessary authority. Another concern, he said, was that "the legislative process may result in attempted restrictions upon the president's inherent constitutional authority and he may not be able to protect the country in the way that he believes he has the authority to do under the Constitution."

Gonzales also said "it is pretty difficult to keep certain information confidential" in the legislative process. "And I think I'm concerned that that process will inform our enemies about what we're doing here and how we're doing it."

Sen. Dianne Feinstein (D-Calif.), charging that Gonzales had advanced "a radical legal theory here today," asked whether Bush has ever invoked the authority he claims for any program other than the NSA surveillance program.

Gonzales refused to answer.

Sen. Graham told the attorney general, "This statutory force resolution argument that you're making is very dangerous in terms of its application for the future." He added, "When I voted for it, I never envisioned that I was giving to this president or any other president the ability to go around FISA carte blanche."

Graham said that "it would be harder for the next president to get a force resolution if we take this too far. And the exceptions may be a mile long."