In early January 2006, "The New York Times", as part of its investigation into the Bush administration's warrantless domestic surveillance program, reported on an incident in which Comey and other Justice Department officials refused to certify the legality of central aspects of the National Security Administration (NSA) program. The DOJ had issued a finding that the domestic wiretapping under the Terrorist Surveillance Program (TSP) was unconstitutional if such were done without a court warrant. Under White House procedures, Justice Department approval was required in order for the program to be renewed. In early March 2004, Federal Bureau of Investigation director Robert S. Mueller III and Comey had prepared their resignations if the White House overruled the DOJ's finding that the program was unconstitutional.