Legal Rationale by Justice Dept. on Spying Effort

The Bush administration offered its fullest defense to date Thursday of the National Security Agency's domestic eavesdropping program, saying that authorization from Congress to deter terrorist attacks "places the president at the zenith of his powers in authorizing the N.S.A. activities."

In a 42-page legal analysis, the Justice Department cited the Constitution, the Federalist Papers, the writings of presidents both Republican and Democratic, and dozens of scholarly papers and court cases in justifying President Bush's power to order the N.S.A. surveillance program.

With the legality of the program under public attack since its disclosure last month, officials said Attorney General Alberto R. Gonzales ordered up the analysis partly in response to what administration lawyers felt were unfair conclusions in a Jan. 6 report by the nonpartisan Congressional Research Service. The Congressional report challenged virtually all the main legal justifications the administration had cited for the program.

Vice President Dick Cheney, meanwhile, once again defended the N.S.A. eavesdropping operation in a speech Thursday as "critical to the national security of the United States," even as House Democrats prepared to hold an unofficial hearing on Friday into a program that they charge is illegal and unconstitutional. Mr. Cheney is also scheduled to meet with Congressional leaders on Friday at a separate, closed-door briefing on the program.

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