Capitol Hill Reacts to Phone Database Report

Sen. Patrick Leahy (D-VT) reacted with outrage on the Senate flood Thursday to the USA Today cover story about National Security Agency (NSA) efforts to collect domestic phone call records. Noah Adams talks to David Welna about the reaction to the news on Capitol Hill.

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NOAH ADAMS, host:

The report from USA Today on the National Security Agency and its telephone call tracking program dominated Capitol Hill debate this morning in Washington. The topic quickly became the focus of a Senate Judiciary Committee meeting earlier today. Senator Patrick Leahy of Vermont is the ranking Democrat on that panel. And here's a big of his reaction.

Senator PATRICK LEAHY (Democrat, Vermont): Look at this headline. NSA has massive database of Americans' phone calls. Shame on us in being so far behind and being so willing to rubberstamp anything this Administration does. Republican controlled Congress refuses to ask questions, and so we have to pick up the paper to find out what is going on.

ADAMS: Senator Patrick Leahy of Vermont, a Democrat, quoting from USA Today. NPR's David Welna joins us with more reaction from the senators. David, what if anything can the Senate Judiciary do in response to these stories about data mining, data mining they call it?

DAVID WELNA reporting:

Well, Noah, the chairman of that committee, Arlen Specter, says he intends to invite the executives from the three big phone companies that are said to be providing people's phone numbers to testify before the committee and to subpoena them if necessary. He says he's doing this because he can't get information about the NSA program from the government. Now, Attorney General Alberto Gonzales did testify before the committee on the NSA's domestic surveillance program. This is the warrantless program, in February. But his testimony did little to clarify what the alleged legal underpinnings of that program really are. And Democrats are demanding that Gonzales now be brought back before the committee and that this time, unlike last time, that he be required to testify under oath. And they also want former Attorney General John Ashcroft and his deputy, James Comey, to be subpoenaed, though Specter says he's spoken with them and he doubts they'd say much about the program, which got started under their watch.

ADAMS: Anybody you run into who is in favor of this NSA program?

WELNA: Well, there were several Republicans on the Judiciary panel this morning who defended the database collection. Arizona's John Kyl said it was just nuts, in his words, to be questioning that program at a time when terrorists are trying to kill more Americans. And Alabama's Jeff Sessions, who is a former federal prosecutor, said that this was not eavesdropping since it's only obtaining phone numbers and not phone conversations that are supposedly going to the NSA. And he said also that this is not the time for Congress to be questioning the intent of the administration, when we're at war.

ADAMS: As you know Air Force General Michael Hayden, nominated to lead the CIA, was at the NSA until April 2005. He was there during this program. How could what's going on now affect the confirmation hearings which come up a week from now before the Senate Intelligence Committee?

WELNA: Well, I think that it will probably throw a bit of a wrench in the works. There are several members of the Intelligence Committee who are also on the Judiciary Committee, and they this morning said that they now have many more questions to ask of Hayden. And they feel that until he really clears up this program, that they really can't go forward with the consideration of him to be the next CIA director. So I think that we can look forward to more lengthy hearings and many, many more questions about this program. Many senators feel that this is their one shot at really getting a full explanation if they can get one about this.

ADAMS: NPR's David Welna talking with us in Capitol Hill. Thank you, David.

WELNA: You're quite welcome, Noah.

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Lawmakers Question Collection of Phone Records

WASHINGTON (AP) — Congressional Republicans and Democrats demanded answers from the Bush administration Thursday about a government spy agency secretly collecting records of ordinary Americans' phone calls to build a database of every call made within the country.

Facing intense criticism from Congress, President Bush did not confirm the work of the National Security Agency but sought to assure Americans that their privacy is being "fiercely protected."

"We are not mining or trolling through the personal lives of innocent Americans," Bush said before leaving for a commencement address at Mississippi Gulf Coast Community College in Biloxi.

The disclosure could complicate Bush's bid to win confirmation of former NSA director Gen. Michael Hayden as CIA director.

The top-ranking Democrat on the Senate Judiciary Committee said he was shocked by the revelation about the NSA.

"It is our government, it's not one party's government. It's America's government. Those entrusted with great power have a duty to answer to Americans what they are doing," Sen. Patrick Leahy of Vermont.

AT&T Corp., Verizon Communications Inc., and BellSouth Corp. telephone companies began turning over records of tens of millions of their customers' phone calls to the National Security Agency program shortly after the Sept. 11, 2001, terrorist attacks, said USA Today, citing anonymous sources it said had direct knowledge of the arrangement.

The Republican chairman of the Senate Judiciary Committee, Sen. Arlen Specter of Pennsylvania, said he would call the phone companies to appear before the panel "to find out exactly what is going on."

The companies said Thursday that they are protecting customers' privacy but have an obligation to assist law enforcement and government agencies in ensuring the nation's security. "We prize the trust our customers place in us. If and when AT&T is asked to help, we do so strictly within the law and under the most stringent conditions," the company said in a statement, echoed by the others.

Bush did not confirm or deny the USA Today report. But he did say that U.S. intelligence targets terrorists and that the government does not listen to domestic telephone calls without court approval and that Congress has been briefed on intelligence programs.

He vowed to do everything in his power to fight terror and "we will do so within the laws of our country."

On Capitol Hill, several lawmakers expressed incredulity about the program, with some Republicans questioning the rationale and legal underpinning and several Democrats railing about the lack of congressional oversight.

"I don't know enough about the details except that I am willing to find out because I'm not sure why it would be necessary to keep and have that kind of information," said House Majority Leader John Boehner, R-Ohio.

Republican Sen. Lindsey Graham, R-S.C., told Fox News Channel: "The idea of collecting millions or thousands of phone numbers, how does that fit into following the enemy?"

Sen. Dick Durbin, D-Ill., said bringing the telephone companies before the Judiciary Committee is an important step.

"We need more. We need to take this seriously, more seriously than some other matters that might come before the committee because our privacy as American citizens is at stake," Durbin said.

Sen. Jeff Sessions, R-Ala., argued that the program "is not a warrantless wiretapping of the American people. I don't think this action is nearly as troublesome as being made out here, because they are not tapping our phones."

The program does not involve listening to or taping the calls. Instead it documents who talks to whom in personal and business calls, whether local or long distance, by tracking which numbers are called, the newspaper said.

The NSA and the Office of National Intelligence Director did not immediately respond to requests for comment.

NSA is the same spy agency that conducts the controversial domestic eavesdropping program that had been acknowledged earlier by Bush. The president said last year that he authorized the NSA to listen, without warrants, to international phone calls involving Americans suspected of terrorist links.

The report came as Hayden — Bush's choice to take over leadership of the CIA — had been scheduled to visit lawmakers on Capitol Hill Thursday. However, the meetings with Republican Sens. Rick Santorum of Pennsylvania and Lisa Murkowski of Alaska were postponed at the request of the White House, said congressional aides in the two Senate offices.

The White House offered no reason for the postponement to the lawmakers. Other meetings with lawmakers were still planned.

Hayden already faced criticism because of the NSA's secret domestic eavesdropping program. As head of the NSA from March 1999 to April 2005, Hayden also would have overseen the call-tracking program.

Sen. Dianne Feinstein, D-Calif., who has spoken favorably of the nomination, said the latest revelation "is also going to present a growing impediment to the confirmation of Gen. Hayden."

The NSA wants the database of domestic call records to look for any patterns that might suggest terrorist activity, USA Today said.

Don Weber, a senior spokesman for the NSA, told the paper that the agency operates within the law, but would not comment further on its operations.

One big telecommunications company, Qwest, has refused to turn over records to the program, the newspaper said, because of privacy and legal concerns.

Copyright 2006 by The Associated Press. All Rights Reserved.

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