Spy program spurs debate over the balance of powers

Kerry also said the alleged White House leak of a CIA agent's identity was more serious than the media's disclosure of the spying program.

''The leak in the White House was an effort to destroy somebody and his family and attack them for telling the truth," the senator said. ''The leak that took place in this case is a leak that -- I'm not excusing it -- is to tell the truth about something that violates the rights of Americans and doesn't uphold our Constitution."

The Republican National Committee batted away the criticism.

''While President Bush remains focused on defending Americans against those intent on doing us harm, John Kerry remains focused on attacking President Bush," committee spokeswoman Tracey Schmitt said.

Democrats said they were deeply troubled by the surveillance program, and contended the president had no authority to approve it.

''He has no legal basis for spying on Americans without court approval," said Senator Richard Durbin of Illinois, the number two Democrat in the Senate.

Republicans said Congress must investigate whether Bush was within the law to allow the super-secret National Security Agency to eavesdrop -- without warrants -- on international calls and e-mails of Americans and others inside the United States with suspected ties to Al Qaeda.

''I believe the Congress -- as a coequal branch of government -- must immediately and expeditiously review the use of this practice," said Senator Olympia Snowe, Republican of Maine.

Snowe joined three other members of the Senate Intelligence Committee, including Nebraska Republican Chuck Hagel, in calling for a joint inquiry by the Senate judiciary and intelligence committees.

The administration defends the program, saying Congress gave Bush the authority to use ''signals intelligence" -- wiretaps, for example -- to eavesdrop on international calls between US citizens and foreigners when one of them is a suspected Al Qaeda member or supporter.

Attorney General Alberto Gonzales cited the Authorization to Use Military Force law, which Congress passed and Bush signed a week after the Sept. 11 terrorist attacks.