In a long day of testimony, Gonzales argued that the 2001 resolution authorizing military action against the al Qaeda terrorist network and President Bush's "inherent constitutional authority" give Bush the authority for the program.
But the panel's chairman, Sen. Arlen Specter of Pennsylvania, said President Bush "doesn't have a blank check" to bypass a special court set up to approve secret wiretaps under the Foreign Intelligence Surveillance Act of 1978.
Specter said no "fair, realistic reading" of the 2001 resolution gives the administration the power to conduct electronic surveillance of people inside the United States without a warrant.
"There has been an express will of Congress to the contrary," Specter said. He urged the administration to submit its program to the federal court that oversees wiretap requests "lock, stock and barrel" for its review.
"Let them see the whole thing and let them pass judgment, because if they disagree with you, it's the equilibrium of our constitutional system that's involved," he said.
Leahy: Bush not 'above the law'
The committee's ranking Democrat, Sen. Patrick Leahy of Vermont, said Bush does not have "the power to decide what laws to ignore." (Watch Leahy's sharp questioning of Gonzales -- 1:45)
"Nobody is above the law -- not even the president of the United States," he said.....
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The hearing began with a sharp partisan dispute when Specter ruled that Gonzales did not have to be sworn in to testify. Democrats demanded a role call vote on the issue, which Republicans won.
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