US senators probe spying policy

The surveillance programme has sparked controversy in the US

The US attorney general has told senators that spying on Americans' phone calls and emails abroad is a necessary part of the "war on terror".

Alberto Gonzales defended the policy in testimony to members of the Senate Judiciary Committee.

But committee chairman Arlen Specter queried whether President George Bush had the authority to order the spying.

Critics say the electronic eavesdropping programme is illegal and infringes on civil liberties.

Mr Gonzales told the committee the US needed to find new ways to combat terrorism.

"In this new kind of war, it is both necessary and appropriate for us to take all possible steps to locate our enemy and know what they are plotting before they strike," he said.

He said that the eavesdropping programme was lawful and respected "the civil liberties we all cherish".

Legal review

Senator Specter, a Republican, said he was sceptical of the legality of the programme.

"The president of the United States has the fundamental responsibility to protect the country, but even... the president does not have a blank cheque," he said.

He suggested that the legality of the spying programme be reviewed by a federal court.

The panel's top Democrat, Senator Patrick Leahy, also voiced his concern over the legal justification for the spying.

"That authorisation said 'to capture or kill Osama Bin Laden' and to use the American military to do that," he said. "It did not authorise the domestic surveillance of American citizens."

The White House says that Mr Bush had power to order the surveillance under the constitution and under a resolution passed by Congress after the 11 September 2001 attacks.

But critics say the congressional resolution did not cover eavesdropping on Americans' telephone calls and emails abroad without special permission from the courts, and that Mr Bush has overstepped his authority.