What we have here is a clandestine surveillance program of enormous size, which is being operated by members of the administration who are subject to no limits or scrutiny beyond what they deem to impose on one another. If the White House had gotten its way, the program would have run secretly until the war on terror ended — that is, forever.
Congress must stop pretending that it has no serious responsibilities for monitoring the situation. The Senate should call back Attorney General Alberto Gonzales and ask him — this time, under oath — about the scope of the program. This time, lawmakers should not roll over when Mr. Gonzales declines to provide answers. The confirmation hearings of Michael Hayden, President Bush's nominee for Central Intelligence Agency director, are also a natural forum for a serious, thorough and pointed review of exactly what has been going on.
Most of all, Congress should pass legislation that removes any doubt that this kind of warrantless spying on ordinary Americans is illegal. If the administration finds the current procedures for getting court approval of wiretaps too restrictive, this would be the time to make any needed adjustments.
President Bush began his defense of the N.S.A. program yesterday by invoking, as he often does, Sept. 11. The attacks that day firmed the nation's resolve to protect itself against its enemies, but they did not give the president the limitless power he now claims to intrude on the private communications of the American people.
New York Times