Sun, Dec 18, 2005 page7

• Bush authorized spying on dozens of occasions

  LISTENING IN Further revelations have emerged on the eavesdropping program as lawmakers demanded to know if the surveillance has violated people's civil liberties

  • AP
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  US President George W. Bush has personally authorized a secretive eavesdropping program in the US more than three dozen times since October 2001, a senior intelligence official said.

  The disclosure follows angry demands by lawmakers earlier on Friday for congressional inquiries into whether the monitoring by the highly secretive National Security Agency violated civil liberties.

  "There is no doubt that this is inappropriate," declared Republican Senator Arlen Specter, the chairman of the Senate Judiciary Committee.

  He promised hearings early next year.

  Bush on Friday refused to discuss whether he had authorized such domestic spying without obtaining warrants from a court, saying that to comment would tie his hands in fighting terrorists.

  In a broad defense of the program put forward hours later, however, a senior intelligence official said that the eavesdropping was narrowly designed to go after possible terrorist threats in the US.

  The official said that, since October 2001, the program has been renewed more than three dozen times. Each time, the White House counsel and the attorney general certified the lawfulness of the program, the official said. Bush then signed the authorizations.

  During the reviews, US government officials have also provided a fresh assessment of the terrorist threat, showing that there is a catastrophic risk to the country or government, the official said.

  "Only if those conditions apply do we even begin to think about this," he said. The official spoke on condition of anonymity because of the classified nature of the intelligence operation.

  "The president has authorized NSA to fully use its resources -- let me underscore this now -- consistent with US law and the Constitution to defend the US and its citizens," the official said, adding that congressional leaders have also been briefed more than a dozen times.

  Senior administration officials asserted the president would do everything in his power to protect US citizens while safeguarding civil liberties.

  "I will make this point," Bush said in a television interview with The NewsHour With Jim Lehrer.

  "That whatever I do to protect the American people -- and I have an obligation to do so -- that we will uphold the law, and decisions made are made understanding we have an obligation to protect the civil liberties of the American people," Bush added.

  The surveillance, disclosed in Friday's New York Times, is said to allow the agency to monitor international calls and e-mail messages of people inside the US. But the paper said the agency would still seek warrants to snoop on purely domestic communications -- for example, calls between New York and California.

  "I want to know precisely what they did," Specter said. "How NSA utilized their technical equipment, whose conversations they overheard, how many conversations they overheard, what they did with the material, what purported justification there was."

  Democratic Senator Russ Feingold, a member of the Judiciary Committee, said, "This shocking revelation ought to be enough to send a chill down the spine of every US citizen."

  Vice President Dick Cheney and Bush chief of staff Andrew Card went to the Capitol on Friday to meet with congressional leaders and the top members of the intelligence committees, who are often briefed on spy agencies' most classified programs. Members and their aides would not discuss the subject of the closed sessions.

  The intelligence official would not provide details on the operations or examples of success stories. He said senior national security officials are trying to fix problems raised by the Sept. 11 commission, which found that two of the suicide hijackers were communicating from San Diego with al-Qaeda operatives overseas.

  "We didn't know who they were until it was too late," the official said.

  Some intelligence experts who believe in broad presidential power argued that Bush would have the authority to order these searches without warrants under the Constitution.

  In a case unrelated to the NSA's domestic eavesdropping, the administration has argued that the president has vast authority to order intelligence surveillance without warrants "of foreign powers or their agents."

  "Congress cannot by statute extinguish that constitutional authority," the Justice Department said in a 2002 legal filing with the Foreign Intelligence Surveillance Court of Review.

  Other intelligence veterans found difficulty with the program in light of the 1978 Foreign Intelligence Surveillance Act, passed after the intelligence community came under fire for spying on US citizens. That law gives government -- with approval from a secretive US court -- the authority to conduct covert wiretaps and surveillance of suspected terrorists and spies.

  In a written statement, NSA spokesman Don Weber said the agency would not provide any information on the reported surveillance program.

  "We do not discuss actual or alleged operational issues," he said.
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