As soon as President Bush asked Congress to enact legislation codifying military tribunals to try suspected al-Qaida terrorists and to permit warrantless eavesdropping on suspected al-Qaida communications in and out of the United States, Graham started objecting.

"No one, Democrat or Republican, wants to impede the ability of our national security apparatus to find what the enemy is up to," Graham told the Birmingham (Ala.) News, "but no American should be monitored by their government believing they're part of an enemy plot without some judge checking the government's homework."