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2006.05.23

Making it to a floor vote, Hayden is not qualified for CIA post

Bush's CIA Director nominee Michael Hayden cleared the Senate Intelligence Committee by a 12 to 3 vote.  The confirmation process now heads to the Senate floor, where he will likely be approved, making him the next head of the Central Intelligence Agency.

As expected, before clearing him, the Intelligence Committee steered clear of asking him about a heated exchange that he had with a reporter at the National Press Club on January 23rd of this year regarding the 4th Amendment.  During the exchange, Hayden did not seem to understand that the 4th Amendment says the government needs "probable cause" before conducting searches:

QUESTION: "...I'm no lawyer, but myunderstanding is that the Fourth Amendment of the Constitutionspecifies that you must have probable cause to be able to do a searchthat does not violate an American's right against unlawful searches andseizures. 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 unreasonable search and seizure."

Here is what the 4th Amendment really 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."

So we are about to confirm a man to a post that deals daily with the area of searches and seizures even though he has a warped view of that particular law.  Senators need to give this guy a 'nay' vote.

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