Did all of you catch the huge gaffe - and not just a gaffe, really since it indicates the level to which they'll go to try to suppress the actual wording of the U.S. Constitution - where Michael Hayden of the NSA insists that the Fourth Amendment does NOT have a probable cause provision for searches and seizures? He insisted that if there was ONE part of the Constitution the NSA knows better than anyone else, it was the Fourth.
From Brad Blog (guest blogged by David Edwards):
Prior to the Feb. 6th Senate Judiciary hearing on the NSA's Domestic Spying program, the Bush Administration is rushing to frame the debate. Most of the talk has amounted to little more than political spin.
Principal Deputy Director of National Intelligence, Gen. Michael Hayden lead the PR blitz by taking questions from reporters at The National Press Club on Monday. The General confirmed to NSA expert James Bamford and Jonathan Landay with Knight Ridder that a feature of the NSA program was the lowering of the legal standard from 'probable cause' to 'reasonably believe' (a.k.a. 'reasonable suspicion') -- which would avoid the FISA Law requirements.
Besides showing that he had a limited understanding of the Fourth Amendment, Hayden's assertion of the Constitutionality of lowering the 'probable cause' standard has troubled many. This Kos diary calls the admission "explosive and damning"