NSA Could Have Legally Monitored Doctors' and Lawyers' Calls

The National Security Agency could have legally monitored ordinarily confidential communications between doctors and patients or attorneys and their clients, the Justice Department said Friday of its controversial warrantless surveillance program.

Responding to questions from Congress, the department also said that it sees no prohibition to using information collected under the NSA's program in court.

"Although the program does not specifically target the communications of attorneys or physicians, calls involving such persons would not be categorically excluded from interception," the department said.

The House Democrats asked if any other president has authorized wiretaps without court warrants since the passage of the 1978 Foreign Intelligence Surveillance Act, which governs intelligence collection inside the United States.

Choosing its words carefully, the department said, "if the question is limited to 'electronic surveillance' … we are unaware of such authorizations."

The department also made clear that the program as confirmed by President Bush has never been suspended since it began in October 2001.

Lawmakers also asked whether federal judges on a secretive intelligence court objected to the program and, if so, how the administration responded.

The department wouldn't answer, citing the need to protect classified information. "We assure you, however, that the department keeps the Foreign Intelligence Surveillance Court fully informed regarding information that is relevant to the FISA process," the response said.

The department also avoided questions on whether the administration believes it is legal to wiretap purely domestic calls without a warrant, when al-Qaida activity is suspected. The department wouldn't say specifically that it hasn't been done.