The new nominee for the head of the CIA will likely face some opposition. According to the New York TimesMSNBC News, even some Republicans are a little worried about General Hayden being put in position of such responsibility. Republican Rep. Hoekstra said the following: “I do believe he’s the wrong person, the wrong place, at the wrong time,” House Intelligence Committee Chairman Peter Hoekstra, R-Mich., said on “Fox News Sunday.” “We should not have a military person leading a civilian agency at this time.”
There is also some concern that General Hayden does not fully understand the 4th Amendment to the Constitution. Editor and Publisher has information about a National Press Club appearance by Hayden that underlines his confusion. (And Bush wants this guy in charge of domestic spying??????)
The following is an excerpt from that National Press appearance as reported by Editor and Publisher:
QUESTION: Jonathan Landay with Knight Ridder. I'd like to stay on the same issue, and that had to do with the standard by which you use to target your wiretaps. I'm no lawyer, but my understanding is that the Fourth Amendment of the Constitution specifies that you must have probable cause to be able to do a search that does not violate an American's right against unlawful searches and seizures. Do you use --
GEN. HAYDEN: No, actually -- the Fourth Amendment actually protects all of us against unreasonable search and seizure.
QUESTION: But the --
GEN. HAYDEN: That's what it says.
QUESTION: But the measure is probable cause, I believe.
GEN. HAYDEN: The amendment says unreasonable search and seizure.
QUESTION: But does it not say probable --
GEN. HAYDEN: No. The amendment says --
QUESTION: The court standard, the legal standard --
GEN. HAYDEN: -- unreasonable search and seizure. .......
Here is the 4th Amendment:
'The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.'
