WASHINGTON – The National Security Agency would not have been barred from capturing communications between doctors and patients or attorneys and their clients during its controversial warrantless surveillance program, the Justice Department told Congress Friday.
Such communications normally receive special legal protections.
“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 in responses to questions from lawmakers.
The department said the same general criteria for the surveillance program would also apply to doctors’ and lawyers’ calls: one party must be outside the United States and there must be reason to believe one party is linked to al-Qaida. The department’s written response also said that these communications aren’t specifically targeted and safeguards are in place to protect privacy rights.
Responding in 75 typed pages Friday evening, the department clarified some points in the three-month-old debate over President Bush’s warrantless surveillance program. But it also left many questions unanswered, citing the need for national security.
The department 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.
“Interception of the content of domestic communications would present a different legal question,” the department said.
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