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Senators Grill Gonzales Over Spy Program
"I think we have to assume these are broad program warrants, barring some comment from you," Schumer responded. He added: "If it's a broad program warrant, it really isn't very satisfying in terms of protection that the Constitution requires."
Gonzales later added that the warrants go "above and beyond what we normally find in a FISA order to ensure that any information that shouldn't be collected is destroyed in an appropriate way."
  Attorney General Alberto Gonzales testifies on Capitol Hill in Washington, Thursday, Jan. 18, 2007 before the Senate Judiciary Committee. (AP Photo/Dennis Cook) (Dennis Cook - AP) 
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Sen. Arlen Specter, R-Pa., said it remains unclear whether the FISA court has a blanket authority to approve all eavesdropping requests _ even though Justice Department attorneys have assured him warrants would target individuals. "From their description to me, I think we need to know more on the oversight process," he said.
Specter also needled Gonzales on why the spying program was only last week put under judicial review after it was revealed a little over a year ago. He noted that Republicans lost control of Congress in elections last fall that were widely seen as a repudiation of administration policy.
"The heavy criticism the president took on the program was very harmful in the political process, and for the reputation of the country," Specter said.
Since assuming oversight authority, by a Jan. 10 order, the FISA court already has approved at least one surveillance warrant targeting a person suspected of having ties to al-Qaida or an associated terror group.
In a letter released at the Senate hearing, FISA Court Presiding Judge Colleen Kollar-Kotelly, said she has no objection to giving lawmakers copies of orders and opinions relating to the secret panel's oversight of the spy program.
"However, the court's practice is to refer any requests for classified information to the Department of Justice. In this instance, the documents that are responsive to your request contain classified information and, therefore, I would ask you to discuss the matter with the attorney general or his representatives," Kollar-Kotelly wrote in the Jan. 17 letter.
"If allowed, the Court will, of course, cooperate with the agreement," she wrote.
Both Gonzales and National Intelligence Director John Negroponte, testifying separately before the House Intelligence Committee, said it was uncertain whether the court orders and details about the program will be disclosed. Negroponte said there may be separation of powers issues involved in turning over information to Congress about the program.
Officials would not say whether case-by-case basis decisions on surveillance of Americans are now made by FISA judges or by NSA officials.
Last August, a federal judge in Detroit declared the spying program unconstitutional, saying it violated the rights to free speech and privacy and the separation of powers. The Justice Department launched an appeal of that decision, but now is considering whether to ask a three-judge panel of the Cincinnati-based appellate court to dismiss the case.
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