Hayden, Likely Choice for CIA Chief, Displayed Shaky Grip on 4th Amendment

[struggle4progress]

By E&P Staff
Published: May 06, 2006 1:30 PM ET

NEW YORK Gen. Michael Hayden, expected to be named new director of the CIA .., displayed a shaky awareness of the Fourth Amendment .. at the National Press Club in Washington .. on January 23 .... Hayden .. was much in the news at the time as a defender of the NSA's domestic spying program .... Jonathan Landay, .. investigative reporter .., noted that Gen. Hayden repeatedly referred to the Fourth Amendment's search standard of "reasonableness" without mentioning that it also demands "probable cause" ....

QUESTION: The legal standard is probable cause, General .... And so .. you've .. crafted a detour around the FISA court by creating a new standard of "reasonably believe" in place of probable cause because the FISA court will not give you a warrant based on reasonable belief, you have to show probable cause ....

GEN. HAYDEN: .... I am responding to a lawful order .... The attorney general has averred to the lawfulness .... The constitutional standard is "reasonable." And we believe -- I am convinced that we are lawful because what it is we're doing is reasonable ....

http://www.mediainfo.com/eandp/news/article_display.jsp?vnu_content_id=1002463957

[rodeodance]

1. ``creating a new standard of "reasonably believe"

[Joanne98]

2. From the frying pan, into the fire.