WASHINGTON (AP) The prosecutor had a suggestion for the judge.

If the administration is so certain about the legality of its terrorist-monitoring program, let a court review it, Senate Judiciary Committee Chairman Arlen Specter said to Attorney General Alberto Gonzales.

Specter wanted the government’s secretive Foreign Intelligence Surveillance Court to determine once and for all whether the program is legal.

"When that court has secrets, they keep the secrets," said Specter, R-Pa., a former Philadelphia district attorney. "Candidly, unlike the Congress. Candidly, unlike the administration. Candidly, unlike all of Washington, perhaps all of the world."

Gonzales, a former Texas judge, didn’t exactly bite. "We are continually looking at ways that we can work with the FISA court in being more efficient and more effective," he said.

The exchange helped set the confrontational tone at a hearing during which a handful of Republicans joined Democrats in raising questions about whether President George W. Bush went too far in ordering the National Security Agency’s monitoring operations.

The senators were particularly troubled by the administration’s argument that a September 2001 congressional resolution approving use of military force covered the surveillance of some domestic communications.

Under Bush’s orders, the ultra-secret National Security Agency has been eavesdropping without warrants on international communications of people in the United States whose calls and e-mails might be linked to Muslim extremists.

During the daylong committee hearing, Gonzales and the senators reached as far back as eavesdropping ordered by President George Washington and delved into court decisions surrounding presidential powers and the 1978 Foreign Intelligence Surveillance Act.

Gonzales repeatedly defended the current program as lawful, reasonable and essential to national security. He said the president’s authority is strongest in a time of war, and he called the monitoring operations an "early-warning system designed for the 21st century." He said no changes in law are needed to accommodate the monitoring.

"To end the program now would be to afford our enemy dangerous and potential deadly new room for operation within our own borders," he said.

Democrats pressed Gonzales for details about the program and other similar operations, almost all of which he would not provide. They’ve asked Specter to file subpoenas for classified legal opinions on the subject.

"The president and the justice department have a constitutional duty to faithfully execute the laws," said Vermont Sen. Patrick Leahy, the committee’s top Democrat. "Nobody is above the law, not even the president of the United States."

Leahy asked whether the administration has authorized the opening of U.S. citizens’ mail. Throughout the hearing, Gonzales chose his words carefully. "We’re only focused on international communications where one part of the communication is al-Qaida," he said.

Sen. Dianne Feinstein, D-Calif., asked whether the Bush administration had issued "any other secret order or directive" that would be prohibited by law.

Gonzales said, "The president has not authorized any conduct that I’m aware of that is in contravention of law."

Republicans, too, were skeptical. Sen. Mike DeWine, R-Ohio, said Bush’s power and the country would be stronger if he came to Congress for statutory authorization.

Sen. Lindsey Graham, R-S.C., said future presidents could be hurt when they seek authorizations to use force because the Bush administration interpreted Congress’ post-Sept. 11, 2001, resolution so broadly.

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