The White House is defiant in defense of warrantless wiretaps. That stance is beginning to bug Congress.
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At the hearing, Gonzales argued, as President George W. Bush has several times before, that Congress gave the executive branch the power to wiretap when it passed a resolution, right after 9/11, authorizing the "use of force" to battle terrorism. Sen. Lindsey Graham of South Carolina, a conservative Republican, called that argument "very dangerous in terms of its application to the future. 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."
(snip)
It is not yet clear how the public feels about warrantless wiretapping. As usual, the answer depends on the question. Asked if they approve of government eavesdropping on U.S. citizens, most people say no; asked if they approve of eavesdropping to catch terrorists, most people say yes. More-sophisticated polls show a roughly even split in opinion, so it's hard to know how the issue will cut in the 2006 elections. But there is no question that the solons of Capitol Hill—and, increasingly, those in the Republican Party—are growing restless and ready to challenge the authority of the Bush White House.
(snip)
This coming week is not going to be any better. The Senate intelligence committee is likely to vote to open an investigation into the NSA's wiretapping program, according to senior congressional aides who declined to be identified discussing sensitive matters. The chairman of the committee, Sen. Pat Roberts of Kansas, will probably follow the White House line and try to keep a lid on the hearings. But three Republicans—Chuck Hagel of Nebraska, Olympia Snowe of Maine and Mike DeWine of Ohio—are expected to join with the Democrats on the committee to vote to demand more information about the secret eavesdropping program from the White House and intelligence agencies.
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The White House is likely to be defiant. Cheney's chief aide and counsel, David Addington, has advised his bosses that even if the intelligence committee votes to subpoena secret documents from the executive branch, the demand will not be upheld by the courts. Cheney's attitude seems to be: bring it on. Last week the veep told cheering activists at the annual Conservative Political Action Conference that the White House intends to trumpet NSA wiretapping as a winning issue in the fall campaign. "With an important election coming up," said Che-ney, "people need to know just how we view the most critical questions of national security and how we propose to defend the nation."
http://www.msnbc.msn.com/id/11300384/site/newsweek/