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Clinton engages in war of words over wiretaps

BY GLENN THRUSH AND CRAIG GORDON | WASHINGTON BUREAU

January 26, 2006

WASHINGTON - Sen. Hillary Rodham Clinton yesterday took aim at President George W. Bush's secret domestic spying program, dismissing White House explanations for the warrantless wiretapping as "strange" and "far-fetched."

Clinton made her remarks as Bush defended what he calls the "terrorist surveillance program" in a speech at the Maryland headquarters of the super-secret National Security Agency, which has conducted the eavesdropping. The speech was part of Bush's public relations blitz before Senate hearings Feb. 6.

Both parties are trying to harness the wiretapping controversy for political advantage, with Democrats portraying Bush as an out-of-control chief executive who tramples basic rights, and the White House saying the episode shows it is tougher on global terrorism than the Democrats.

"Their argument that it's rooted in the authority to go after al-Qaida is far-fetched," said Clinton, of Bush's recent statements that the program may have derailed attempts to follow up the Sept. 11, 2001, attacks.

Clinton, speaking to reporters after a speech in Washington, criticized the administration's contention that the program is a constitutionally permissible alternative to the Federal Intelligence Surveillance Act, which requires clearing wiretaps with a judge.

"Their argument that it's rooted in the Constitution inherently is kind of strange because we have FISA and FISA operated very effectively," she added.

Under the law, the attorney general can authorize surveillance on an emergency basis and then submit the request to a special court within 72 hours.

In the face of Clinton's attack, Bush said yesterday that he has authority "both from the Constitution and the Congress" for the eavesdropping - and that last week's fresh threats from al-Qaida's top man show the need to keep doing it.

"Listen to the words of Osama bin Laden and take him seriously. When he says he's going to hurt the American people again, or try to, he means it," Bush said after meeting with NSA employees.

However, even some Republicans, including Sens. John McCain of Arizona and Arlen Specter of Pennsylvania, have said it is unclear whether a post-9/11 congressional authorization to use force against al-Qaida gives Bush the right for the warrantless wiretapping.

After initially scrambling to contain the political fallout over the program, the White House in recent days has decided to embrace it, as polls show the public evenly split on the merits.

Bush's chief political strategist, Karl Rove, made clear last week that Republicans will tout the program as a sign of terror-fighting prowess ahead of the 2006 midterm congressional elections.

Staff writer Tom Brune of Newsday's Washington bureau contributed to this story.