Bush's Bad Connection

The attorney general of the United States was playing rope-a-dope. Why, the senators wanted to know, did the White House circumvent a law passed by Congress, the 1978 Foreign Intelligence Surveillance Act, which requires intelligence services to obtain search warrants before intercepting international communications inside the United States? Alberto Gonzales was evasive and bland. Speaking in legalisms, he offered few details about the National Security Agency's sweeping post-9/11 eavesdropping program. After a series of senatorial questions had gone essentially unanswered, Sen. Patrick Leahy of Vermont interjected, "Of course, I'm sorry, Mr. Attorney General, I forgot: you can't answer any questions that might be relevant to this."

Such sarcasm might be expected of a Democrat like Leahy. But Gonzales also came under tough questioning from four of the 10 Republican senators on the Judiciary Committee, including its chairman, Arlen Specter of Pennsylvania. 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."

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.

In part, congressional egos and prerogatives are on the line. Members of both parties feel bullied by the sometimes high-handed treatment they get from the Bush administration, particularly from Vice President Dick Cheney, the outspoken avatar of executive power. Congress has always been the place to go to complain about executive-branch bungling and malfeasance. Last week was particularly rough for the Bush team on Capitol Hill: former FEMA director Michael Brown used a congressional hearing to lay the blame for the botched handling of Hurricane Katrina on the White House and the Homeland Security Department--both of which, Brown argued, had been promptly informed of the storm's terrible toll, an assertion that may shift more of the blame for the disaster-within-a-disaster away from the seemingly hapless "Brownie," as President Bush called his ousted FEMA director.

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.

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."