As a matter of fact, I DO own the road!

Attorney General Alberto Gonzales has clarified some of the testimony he gave over the administration's decision to ignore the FISA law and wiretap American citizens without a warrant. And what he meant to say was that the president is indeed above the law. Just like Nixon claimed.

In his letter, Gonzales revisited earlier testimony, during which he said the administration immediately viewed a congressional vote in September 2001 to authorize the use of military force against al-Qaeda as justification for the NSA surveillance program. Bush secretly began the program in October 2001, Gonzales's letter said.

On Feb. 6, Gonzales testified that the Justice Department considered the use-of-force vote as a legal green light for the wiretapping "before the program actually commenced."

But in yesterday's letter, he wrote, "these statements may give the misimpression that the Department's legal analysis has been static over time."

Fein said the letter seems to suggest that the Justice Department actually embraced the use-of-force argument some time later, prompting Gonzales to write that the legal justification "has evolved over time."

One government source who has been briefed on the issue confirmed yesterday that the administration believed from the beginning that the president had the constitutional authority to order the eavesdropping, and only more recently added the force resolution argument as a legal justification.