VIDEO- Hayden (NSA) today-selected bits in three parts

[liveoaktx]

General comments

Questions part 1-EDITED

Questions part 2-EDITED

and again, MP3 if you want to hear the whole thing in audio

From CanOFun

[chat_noir]

1. "reasonably believe" , rather than reasonable doubt, as the new standard?

Great question by the Knight-Ridder reporter! Last question.

[liveoaktx]

3. I pulled that one out and made it a video clip of its own

Reasonableness as new standard "Reasonably believe" versus "Probable cause"

[Coexist]

2. Thanks for this - I missed the beginning.

:hi:

[rumpel]

4. second that.

[leftchick]

5. So did he ever answer the spying on bush opponents question?

I didn't see where he did. Interesting that. Guilt by omission?

[liveoaktx]

6. No, and after the conference ended, somebody yelled out that

he didn't answer the question, I think it was the World Can't Wait guy.

[rumpel]

7. The owl in the emblem in the back reflects how I feel!

[liveoaktx]

8. Okay, you're gonna have to 'splain that one! heh

[bpilgrim]

9. Mirrored on GFP ------ --------- ------------- --------- mp3

http://GlobalFreePress.com

psst... pass the word ;->

peace

[chat_noir]

10. Landay question transcript

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.

QUESTION: The legal standard is probable cause, General. You used the terms just a few minutes ago, "We reasonably believe." And a FISA court, my understanding is, would not give you a warrant if you went before them and say "we reasonably believe"; you have to go to the FISA court, or the attorney general has to go to the FISA court and say, "we have probable cause." And so what many people believe -- and I'd like you to respond to this -- is that what you've actually done is crafted a detour around the FISA court by creating a new standard of "reasonably believe" in place in probable cause because the FISA court will not give you a warrant based on reasonable belief, you have to show probable cause. Could you respond to that, please?

GEN. HAYDEN: Sure. I didn't craft the authorization. I am responding to a lawful order. All right? The attorney general has averred to the lawfulness of the order.

Just to be very clear -- and believe me, if there's any amendment to the Constitution that employees of the National Security Agency are familiar with, it's the Fourth. And it is a reasonableness standard in the Fourth Amendment. And so what you've raised to me -- and I'm not a lawyer, and don't want to become one -- what you've raised to me is, in terms of quoting the Fourth Amendment, is an issue of the Constitution. The constitutional standard is "reasonable." And we believe -- I am convinced that we are lawful because what it is we're doing is reasonable.

QUESTION: (Off mike.)

MR. HILL: I'm sorry.

Thank you very much, General Hayden.

And with that, this proceeding is over. Thank you.



http://www.dni.gov/release_letter_012306.html

[jimshoes]

11. Did they change the

Constitution and not tell anyone? Very interesting exchange.