Just in case you missed this on the 400,000 other blogs posting on it last evening and this morning, I’d like you to have a look at this.
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 of 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.
General Hayden is the former head of the National Security Agency. That was an exerpt from an appearence he made in front of the National Press Club in Washington, D.C in defense of President Bush’s domestic spying program. Just in case you don’t recall the text of the fourth ammendment to the consitution, here it is.
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.
As a side note, something that really disturbed me when I was searching Google News for context on this post, is that the very first link Google offered was to an extraordinarily misguided post by John Hinderaker on Powerline. He describes Hayden’s presentation as “brilliant and heartfelt.” In reality I’m being overly kind when I describe his post as misguided. Given the history of that site and its blind adoration for the powers that be, I assume the very worst. The cult of Bush must surely be one of the most corrosive forces our nation has seen in some time. To staunchly defend what appear to be the highly illegal actions of the executive branch, using the feeble arguments of a spokesperson who is clearly uncomfortable with a text he should have learned in middle school, is unforgivable and repugnant. Especially for a lawyer. Unabashedly and proudly ignorant from start to finish. Not that I expected any better. Whatever.
It was stupid of me to even bother with that last paragraph. I should know better than to care about what shows up as the top story on a search engine’s news site. I should know better than to care what is written by fools. I’m burning up inside though. I want my country back and these fools are holding onto the keys.