In Quizzing a Reticent Gonzales, Senators Encounter a Power Shortage

Sen. Lindsey O. Graham (R-S.C.), alongside Sen. John Cornyn (R-Tex.), left, questions Attorney General Alberto R. Gonzales. Graham said he was troubled by Gonzales's contention that President Bush needed no congressional approval for domestic surveillance. "There is no check and balance," Graham said. Gonzales, below, refused to describe the spying program, remarking that "it's not simply a coincidence" that the United States "has not been hit again" since Sept. 11, 2001. (By Preston Keres -- The Washington Post)

Fortunately for Gonzales, the committee members did not seem to be in any position to impose restrictions on the executive branch. They couldn't even agree on whether to administer an oath.

"He said he would be willing to be sworn," Specter reported to his colleagues, but "I think it is unwarranted."

"But Mr. Chairman, may I ask, if the witness has no objection to being sworn, why not just do it?" Sen. Patrick J. Leahy (D-Vt.) persisted.

Specter grew irritated. "The reason I'm not going to swear him in is not up to him. Attorney General Gonzales is not the chairman. I am."

"I appeal the ruling of the chair," Sen. Russell Feingold (D-Wis.) blurted out.

Specter held a voice vote. Feingold demanded a roll-call vote. Specter complied. Feingold demanded to see the proxies.

"This," Specter observed, "is really not a very good way to begin this hearing."

The attorney general entered the hearing room flanked by bodyguards and trailed by a phalanx of lawyers carrying thick briefing books. Gonzales, in an opening statement that mentioned "enemy" 10 times and "al Qaeda" 20 times, suggested that those who questioned the legality of the program were aiding the terrorists.

"Our enemy is listening, and I cannot help but wonder if they aren't shaking their heads in amazement at the thought that anyone would imperil such a sensitive program," he said. "How can anyone conclude that it is not necessary and appropriate to intercept al Qaeda phone calls?"

Nobody had concluded that, except perhaps for the demonstrator who shouted "You're a fascist!" at Gonzales. Democrats, worried about being branded terrorist-huggers, merely complained that they hadn't been consulted. "We make the laws," Leahy pleaded. "If you believe you need new laws, then come and tell us." Gonzales nodded, his lips pinched tightly.

A trio of Republicans on the committee vied to serve as Gonzales's chief defender. Sen. Orrin G. Hatch (Utah) used his questioning time to attack those "people who are wildly saying that the president is violating the law." Sens. Jeff Sessions (Ala.) and John Cornyn (Tex.) joined the sister of a Sept. 11 victim at a news conference outside the hearing room.

But other Republicans were skeptical. "In all honesty, Mr. Attorney General," Sen. Lindsey O. Graham (S.C.) advised, the "argument that you're making is very dangerous." He warned that, eventually, "there is no check and balance."

As the hearing stretched late into the afternoon, the witness grew testier. When Sen. Charles E. Schumer (D-N.Y.) asked him about domestic surveillance, Gonzales cut him down with "I'm not going to respond to that" and "I'm not going to answer." At another point, Gonzales cited the secret program in his boast that "it's not simply a coincidence that the United States of America has not been hit again."

After yet another rebuffed question, Leahy replied to Gonzales with a tone of mock sympathy: "Of course. I'm sorry, Mr. Attorney General, I forgot: You can't answer any questions that might be relevant."

It was about time for Congress to exercise its constitutional authority to call another recess.