Ally Told Bush Spying Projects Might Be Illegal

Eric Lichtblau and Scott Shane

In a sharply worded letter to President Bush in May, an important Congressional ally charged that the administration might have violated the law by failing to inform Congress of some secret intelligence programs and risked losing Republican support on national security matters.

The letter from Representative Peter Hoekstra of Michigan, the Republican chairman of the House Intelligence Committee, did not specify the intelligence activities that he believed had been hidden from Congress.

But Mr. Hoekstra, who was briefed on and supported the National Security Agency’s domestic surveillance program and the Treasury Department’s tracking of international banking transactions, clearly was referring to programs that have not been publicly revealed.

Recently, after the harsh criticism from Mr. Hoekstra, intelligence officials have appeared at two closed committee briefings to answer questions from the chairman and other members. The briefings appear to have eased but not erased the concerns of Mr. Hoekstra and other lawmakers about whether the administration is sharing information on all of its intelligence operations.

A copy of the four-page letter dated May 18, which has not been previously disclosed, was obtained by The New York Times.

“I have learned of some alleged intelligence community activities about which our committee has not been briefed,” Mr. Hoesktra wrote. “If these allegations are true, they may represent a breach of responsibility by the administration, a violation of the law, and, just as importantly, a direct affront to me and the members of this committee who have so ardently supported efforts to collect information on our enemies.”

He added: “The U.S. Congress simply should not have to play Twenty Questions to get the information that it deserves under our Constitution.”

Frederick Jones, a White House spokesman, declined to comment on the concerns raised by Mr. Hoekstra but said that “we will continue to work closely with the chairman and other Congressional leaders on important national security issues.”

A spokesman for Mr. Hoekstra, Jamal D. Ware, said he could not discuss the activities allegedly withheld from Congress. But he said that Mr. Hoekstra remained adamant that no intelligence programs could be hidden from oversight committees.

“Chairman Hoekstra has raised these issues with the administration to ensure that the Intelligence Committee is able to conduct its job of oversight,” Mr. Ware said. “Intelligence officials have committed to being forthcoming with Congress, and Chairman Hoekstra is going to hold them to their word.”

Mr. Hoekstra’s blunt letter is evidence of a rift between the White House and House Republican leaders over the administration’s perceived indifference to Congressional oversight and input on intelligence matters. Mr. Hoekstra wrote that he had shared his complaints with House Speaker J. Dennis Hastert, Republican of Illinois, and that the speaker “concurs with my concerns.”

A spokesman for Mr. Hastert declined to comment.

The letter appears to have resulted at least in part from the White House’s decision, made early in May, to name Gen. Michael V. Hayden to lead the Central Intelligence Agency, with Stephen R. Kappes as his deputy. The letter was sent the day of General Hayden’s confirmation hearing before the Senate Intelligence Committee.

Mr. Hoekstra (pronounced HOOK-stra) complained publicly about the choices when they were announced, but his private letter to Mr. Bush was much harsher. He warned that the choice of Mr. Kappes, who he said was part of a group at the C.I.A. that “intentionally undermined the administration,” sends “a clear signal that the days of collaborative reform between the White House and this committee may be over.”

Mr. Hoekstra also expressed concern about the intelligence reorganization under John D. Negroponte, the first director of national intelligence, who he said was creating “a large, bureaucratic and hierarchical structure that will be less flexible and agile than our adversaries.”

Mr. Hoekstra’s views on oversight appear to be shared by some other Intelligence Committee members.

“I think the executive branch has been insufficiently forthcoming on a number of important programs,” Representative Heather A. Wilson, Republican of New Mexico, said in an interview. She would not discuss any programs on which the committee had not been briefed, but she said that in the Bush administration, “there’s a presumption that if they don’t tell anybody, a problem may get better or it will solve itself.”

Ms. Wilson said she shared “deep concerns” about the pace and direction of intelligence reforms overseen by Mr. Negroponte’s office. “We have some troubled programs,” she said.

Copyright 2006 The New York Times Company