Sen. Judiciary Authorizes Domestic Surveillance Program Subpoenas

ABC News’ Theresa Cook and Jason Ryan Report:  The Senate Judiciary Committee has authorized its chairman to issue subpoenas related to the panel’s inquiry into the National Security Agency’s domestic surveillance program.

The 13-3 vote will allow Chairman Patrick Leahy, D-Vt., to issue subpoenas at a later date to Attorney General Alberto Gonzales and the Custodian of Records for the Executive Office of the President.

The committee is seeking documents relating to the authorization and legal basis for the Bush administration’s warrantless wiretapping program, which, until January 2007, operated outside of the Foreign Intelligence Surveillance Act.  FISA requires requires applications be presented to judges before warrants are requested.

"This Committee has sought information about the authorization of and legal justification for this program time and again – in letters, at hearings, and in written questions," Chairman Leahy said in a statement.  "Yet this Administration has rebuffed all requests."

Noting that he and Sen. Specter have already requested documents from the Justice Department, but not received them, Leahy’s statement continued, "This stonewalling is unacceptable and it must end.  If the Administration will not carry out its responsibility to provide information to this Committee without a subpoena, we will issue one."

Justice Department spokesman Brian Roehrkasse issued a statement on the subpoena authorization, saying, “It is vital to protect sensitive intelligence sources and methods associated with this kind of national security information, particularly when it relates to intelligence programs that are the subject of oversight by the Intelligence Committees.”

“We must also give appropriate weight to the confidentiality of internal Executive Branch deliberations,” the statement continued.

Roehrkasse also cited “numerous briefings to appropriate members of Congress” as evidence that the department has already explained the terrorist surveillance program to lawmakers.
   
Republican Senators Specter, Orrin Hatch of Utah and Charles Grassley of Iowa joined committee Democrats to authorize the move.