Unfortunately, General Hayden is being nominated under troubling circumstances as the architect and chief defender of a program of wiretapping and collection of phone records outside of FISA oversight. This is a program that is still accountable to no one and no law.
...I have no doubt that General Hayden will be confirmed. But I am going to reluctantly vote against him to send a signal to this Administration that even in these circumstances President Bush is not above the law. I am voting against Hayden in the hope that he will be more humble before the great weight of responsibility that he has, not only to protect our lives, but to protect our democracy.
Michael Hayden doesn't understand the Fourth Amendment. Remember when he said it requires "reasonable suspicion" not probable cause?
.... "General Hayden defended the program's constitutionality. He said the lower, "reasonable belief" standard conformed to the wording of the Fourth Amendment, pointing out that it does not mention probable cause, but instead forbids "unreasonable" searches and seizures."
The Fourth Amendment says:
"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."
See Last Night in Little Rock on that here.
Hayden also gave us Operation Trailblazer while serving as NSA Director. The Baltimore Sun reported in 2006:
Trailblazer began as a signature program of Gen. Michael V. Hayden, who was the NSA's director from March 1999 until last spring. Early on, former officials familiar with the program said, it became clear to Hayden that the agency, with its rich history of developing cutting-edge technology, was falling behind the technology curve. He cast Trailblazer as the agency's future.
Hayden was in charge of the NSA when Bush began his warrantless wiretapping program. Hayden defended it and its use of the lower standard of proof than that required by the Fourth Amendment. More from the Washington Post here.
More on Hayden and his misguided notions of the Fourth Amendment at this Countdown transcript.
Hayden also has dubious credibility on the destruction of the CIA waterboarding tapes.
I really think (and hope) US News got this one wrong.
Update: Noah Schachtman and Think Progress has more unpleasant Hayden memories.
