Bush Defends Domestic Spying

The Bush administration argues that Congress implied the President had the power to order spying on Americans -- when they authorized the use of military force after 9/11. But Congress members in both parties disagree.

"Congress gave me authority." -- President Bush, News Confernce, 12/19/05

"Nobody, nobody, thought when we passed a resolution to invade Afghanistan and to fight the war on terror, including myself who voted for it, thought that this was an authorization to allow a wiretapping against the law of the United States." -- Sen Russ Feingold, NBC's Today Show, 12/19/05

President Bush answered questions during a rare news conference this morning -- his third live television or radio appearance in as many days.

The 1978 Foreign Intelligence Surveillance Act -- or FISA -- requires the government to seek a warrant from a national security court for such spying. In 2002, before the President ordered the warrantless spying -- the FISA court immediately issued warrants in 1226 of the 1228 instances one was requested. The other two were granted after modifications to the warrant.

The administration could have gone ahead with the wiretaps, and still have had 72 hours to request a warrant. So there would have been no delay in starting an investigation -- so long as the FISA court agreed the case involved national security. (WashPost)