This article originally provided by The New York Times

December 16, 2005

Bush Declines to Discuss Report on Eavesdropping

By CHRISTINE HAUSER

"We do not discuss ongoing intelligence operations to protect the country, and the reason why is that there's an enemy that lurks, that would like to know exactly what we're trying to do to stop them," Mr. Bush said in an interview to be broadcast this evening on "The Newshour with Jim Lehrer."

Responding to a question from Mr. Lehrer about the report in today's Times, Mr. Bush said: "I will make this point. That whatever I do to protect the American people, and I have an obligation to do so, that we will uphold the law, and decisions made are made understanding we have an obligation to protect the civil liberties of the American people."

"We don't talk about sources and methods," Mr. Bush said in the interview, a transcript of which was published on the PBS Web site this afternoon. "Don't talk about ongoing intelligence operations. I know there's speculation. But it's important for the American people to understand that we will do - or I will use my powers to protect us, and I will do so under the law, and that's important for our citizens to understand."

Several leading lawmakers today criticized the action, and Senator Arlen Specter, Republican of Pennsylvania and chairman of the Senate Judiciary Committee, said he would place a high priority on holding hearings on the issue early next year.

The importance of the balance between civil liberties and national security has been an emotional issue since Sept. 11. Today several senators held up copies of The Times during a vote on the antiterrorism law known as the USA Patriot Act, and one Democratic senator, Charles E. Schumer of New York, said the article had influenced him to change his mind and oppose the measure. Supporters fell short of mustering enough votes to bring the measure to a final vote.

The Times report, quoting government officials, said that months after the Sept. 11 attacks, President Bush secretly authorized the security agency to eavesdrop on Americans and others inside the United States to search for evidence of terrorist activity without the court-approved warrants ordinarily required for domestic spying, according to government officials.

Mr. Bush also declined to answer questions about the issue after a meeting with Iraq's ambassador to the United Nations about the elections on Thursday in that country.

Earlier, Secretary of State Condoleezza Rice also said that she would not comment on the article, but she emphasized that Mr. Bush has said he acts "within the law."

Asked about the report this morning on the NBC network's "Today" show, Ms. Rice said that she would not comment on intelligence matters "and certainly not on a newspaper story about intelligence matters.

"I can tell you that the president has always lived within the law," Ms. Rice said. "He has always said that he will do everything that he can to protect the American people from the kind of attack that we experienced on September 11th, but within the law and with due regard for the civil liberties of Americans, because he takes absolutely seriously his constitutional responsibility, both to defend Americans and to do it within the law."

Some leading members of Congress today said the article troubled them.

"There is no doubt that this is inappropriate," said Senator Specter, a former prosecutor. Senator John McCain, Republican of Arizona, said the article was troubling. Two leading Democrats, Senator Edward Kennedy of Massachusetts and Senator Russell Feingold of Wisconsin, were scathingly critical, with Mr. Kennedy saying it was "big brother run amok."

In the White House briefing today, the chief spokesman, Scott McClellan, said that the administration has a responsibility to work with Congress to do everything within the law to protect the American people.

"And the President made a commitment that he would do everything within his power and within the law to prevent attacks and save lives," he said.

He also added that Mr. Bush "renewed that commitment more than ever after September 11th.

"He also made a commitment that we would remain firmly committed to protecting the civil liberties of Americans and upholding our Constitution," Mr. McClellan said. "He is doing both. "