Bush reiterates spy authority

President Bush yesterday defended National Security Agency employees who eavesdrop on suspected terrorists, even as the legality of the program was questioned by senators from both parties.

“I have the authority, both from the Constitution and the Congress, to undertake this vital program,” Mr. Bush said after a private speech to employees at the NSA headquarters in Fort Meade, Md.

“The American people expect me to protect their lives and their civil liberties, and that’s exactly what we’re doing with this program.”

The president took the unusual step of imploring Americans to heed the warnings of Osama bin Laden, who threatened additional attacks against the U.S. in an audiotape that surfaced last week.

“Listen to the words of Osama bin Laden and take him seriously,” Mr. Bush said. “When he says he’s going to hurt the American people again, or try to, he means it. I take it seriously, and the people of NSA take it seriously.”

Sen. Hillary Rodham Clinton was skeptical of such arguments by Mr. Bush and his advisers, who are in the midst of a public-relations offensive to justify the eavesdropping program.

“Their argument that it’s rooted in the authority to go after al Qaeda is far-fetched,” the New York Democrat told reporters at a gathering of the nation’s mayors. “Their argument that it’s rooted in the Constitution inherently is kind of strange.”

Mrs. Clinton, who is widely expected to run for president in 2008, questioned the legality of the program, which targets conversations between Americans and overseas terror suspects.

“Obviously, I support tracking down terrorists — I think that’s our obligation,” she said. “But I think it can be done in a lawful way.”

Sen. John McCain, Arizona Republican, said the legalities of the program will be explored in Senate Judiciary Committee hearings scheduled to begin Feb. 6. The committee chairman, Sen. Arlen Specter, Pennsylvania Republican, yesterday outlined 15 areas of inquiry in a letter to Attorney General Alberto R. Gonzales, who has agreed to testify.

Asked by NBC whether the president “broke the law,” Mr. McCain said, “I don’t know the answer. That’s why I welcome the hearings. If I was sure whether it’s legal or not, then I wouldn’t feel that these hearings are important.”

Still, Mr. McCain said the program serves a vital purpose.

“There’s no American that wouldn’t want us to absolutely be able to listen in on al Qaeda cells,” he said. “This is a new threat, and frankly, a lot of us are very concerned.”

The president was unambiguous about the legality of the program, which allows eavesdropping without a warrant.

“This terrorist surveillance program includes multiple safeguards to protect civil liberties, and it is fully consistent with our nation’s laws and Constitution,” he told reporters. “Federal courts have consistently ruled that a president has authority under the Constitution to conduct foreign intelligence surveillance against our enemies.”

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