S. Hrg. 109-840: Department of Justice Oversight: Hearing before the Committee on the Judiciary, United States Senate, One Hundred Ninth Congress, Second Session, July 18, 2006 [open pdf - 18MB]
From the opening statement of Arlen Specter: "So far, the Administration has been unwilling to confirm or deny the existence of that program, and I will be pursuing the conversations which I have already had with Attorney General Gonzales on the question of what court clearance there was on such a program, with the Attorney General having said that the only program which does not have judicial authorization is the electronic surveillance program. So it raises the inference that if there is an administration program to get telephone records, there has been judicial clearance. And that is a question, I think, of importance, and from a practical point of view, it has been so widely publicized there seems to be hardly any point in not discussing it if, in fact, it does exist. We will be discussing with the Attorney General the issue about the electronic surveillance program and what factors are operative to determine whether or not the President has Article II powers. There is a great deal of discussion about the Foreign Intelligence Surveillance Act, but the administration has, in effect, declared that Act inoperative." Statements, letters, and materials submitted for the record include those of the following: Charles E. Grassley, Edward M. Kennedy, Patrick J. Leahy, Arlen Specter, Alberto R. Gonzales, and Charles Savage.
S. Hrg. 109-840; Senate Hearing 109-840; Serial No. J-109-99
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