Gen. Hayden: "4th Amendment and wrong"
http://www.crooksandliars.com/2006/05/06.html#a8184
originally posted on 1/26/06 with updates
Keith Olbermann posted this video clip of Gen. Hayden botching the fourth
amendment.
Knight-Ridder's Jonathan Landay questioned Gen. Michael Hayden at the
National Press Club in January:
Video-WMP Video-QT
Landay: "...the Fourth Amendment of the United States Constitution
specifies that you must have probable cause to violate an American's right
against unreasonable searches and seizures..."
Gen. Hayden: "No, actually - the Fourth Amendment actually protects all of
us against unreasonable search and seizure."
Landay: "But the --"
Gen. Hayden: "That's what it says."
Landay: "The legal measure is probable cause, it says."
Gen. Hayden: "The Amendment says: unreasonable search and seizure."
Landay: "But does it not say 'probable cause'?"
Gen. Hayden [exasperated, scowling]: "No! The Amendment says unreasonable
search and seizure."
Landay: "The legal standard is probable cause, General -- "
Gen. Hayden [indignant]: "Just to be very clear ... mmkay... 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. Alright? And
it is a reasonableness standard in the Fourth Amendment. The constitutional
standard is 'reasonable'" ( h/t Dale)
To which Keith says:
OLBERMANN: To quote the Fourth Amendment to the Constitution of the United
States in its entirety, the one the general and the NSA folks are so
familiar with and know is about reasonableness and not about probable
cause, quote, "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 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."
Well, maybe they have a different Constitution over there at the
NSA.
This also helped to open the door for Glenn Greenwald to expose them on
FISA. "In other words, DeWine's bill, had it become law, would have
eliminated the "probable cause" barrier (at least for non-U.S. persons)
which the Administration is now pointing to as the reason why it had to
circumvent FISA...read on"
Updates from today:
Glenn: Having said that, it is highly illustrative of this administration's
mindset that they believe that the best candidate to direct the CIA is the
individual who oversaw and vigorously defended the administration's illegal
eavesdropping on American citizens. Isn't he the last person who ought to
be put in that position?
Digby remembers a few things about General Hayden.
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