Specialists doubt legality of wiretaps

Legal specialists yesterday questioned the accuracy of President Bush's sweeping contentions about the legality of his domestic spying program, particularly his assertion in his State of the Union speech on Tuesday that ''previous presidents have used the same constitutional authority I have."

Shortly after the terrorist attacks of Sept. 11, 2001, Bush authorized the National Security Agency to intercept overseas calls from the United States without first seeking a warrant, asserting he had the right to do so under his wartime powers. On Tuesday night, he defended his program by saying past presidents have exerted the same powers.

But legal specialists said yesterday that wiretaps ordered by previous presidents were put in place before warrants were required for investigations involving national security. Since Congress passed the law requiring warrants in 1978, no president but Bush has defied it, specialists said.

Bush's contention that past presidents did the same thing as he has done ''is either intentionally misleading or downright false," said David Cole, a Georgetown University law professor. Only Bush has made the assertion that his wartime powers should supersede an act of Congress, Cole said.

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