Mukasey's Justice Dept. revives probe into antiterror wiretapping

Hinchey and other Democrats have long sought an investigation into the spying program, to see whether it complies with the law. Efforts to investigate the program had been rebuffed by the Bush administration.

The investigation by the Justice Department agency was begun in February 2006, but was shut down a few months later when the National Security Agency refused to grant Justice Department lawyers the security clearances to ask questions about the program.

The Office of Professional Responsibility was created to ensure Justice Department lawyers do not violate ethical rules. It is not authorized to investigate activities of the National Security Agency.

President Bush's decision to authorize the spy agency to monitor people inside the United States, without warrants, generated a host of questions about the program's legal justification.

The administration has vehemently defended the eavesdropping, saying the National Security Agency's activities were narrowly targeted to intercept international calls and e-mails of Americans and others inside the United States with suspected ties to the Al Qaeda terror network.

A separate Department of Justice internal investigation was also launched by the agency's inspector general, but Democrats have criticized that review for not attempting to determine whether the program violates federal law.

Supreme Court Chief Justice John G. Roberts Jr. will issue a ceremonial oath of office today to Mukasey, a retired federal judge who has promised to enforce laws fairly and independent of political pressure during his short term.

The White House said that Bush also will speak at the ceremony, set for 10:10 a.m., after which Mukasey will address his employees for the first time.