"An era can be said to end when its basic illusions are exhausted." - Arthur Miller

Sunday, May 07, 2006

4th Amendment and General Hayden


Possible new CIA head is General Hayden. He is a huge fan of the wiretap policy of the administration...and apparently doesn't know what the fourth amendment says.

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)

What the fourth says:
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."

Sadly, because of the cowardice of the republican party, the guy would pass easily. On bright side, at least his background indicates he might actually have the background to do the job but that doesn't mean he deserves the postion.

Picture from cnn.com

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