http://today.reuters.com/PrinterFriendlyPopup.aspx?type=bondsNews&storyID=uri:2006-01-10T163049Z_01_N10214700_RTRIDST_0_COURT-ALITO-UPDATE-1.XMLWASHINGTON, Jan 10 (Reuters) - U.S. Supreme Court nominee Samuel Alito said on Tuesday that President George W. Bush does not have a blank check to wage war but offered no opinion on the legality of his anti-terror domestic spying program now awaiting U.S. congressional scrutiny.
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Specter, who plans to hold a hearing on the domestic spying program next month, asked Alito if he agreed with a statement by Justice O'Connor in a separate case that "a state of war is not a blank check for the president when it comes to the rights of the nation's citizens."
"Absolutely," Alito responded. "That's a very important principle. Our Constitution applies in times of peace and in times of war, and it protects the rights of Americans under all circumstances."
Sen. Patrick Leahy of Vermont, top Democrat on the Judiciary Committee, sparred with Alito over the administration's policies on torturing prisoners and domestic spying.
"If the Congress passed a law prohibiting torture," Leahy asked, could the president "immunize people from prosecution if they violated our laws on torture?"
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