By David Edwards on 5/18/2006, 12:00pm PT  

Guest blogged by David Edwards of Veredictum.com


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CNN's Lou Dobbs interviews former CIA Analyst Ray McGovern on Lt. General Hayden's nomination to be CIA Director. McGovern insist that Hayden's circumvented the FISA law and the U.S. Constitution when he followed Bush's order to listen to domestic phone calls without a warrant.

In the past, Hayden has shown to be a person who strictly followed the rule that the NSA and the CIA do not spy on Americans. Hayden has been known to push back against orders that breech the threshold of domestic spying. Since September 11th, Hayden gave way to Administration pressure to do domestic spying.

Hayden eventually created and defended the most publicly known program of warrantless domestic eavesdropping. In this case, one end of the call originates in the U.S. and the other end of the call is a foreign location. The FISA law and the Fourth Amendment require a warrant to listen to any domestic source (regardless of who is on the other end of the call.)

From the CNN transcript:

MCGOVERN: Yes, well, I don't think he's qualified because he made one big error. He --- like me when I was an Army office officer, like Bobby when he was an admiral, we took an oath to protect and defend the constitution of the United States. That means we were sworn to protect the law, and also we were taught that we were never able or willing or we should never --- we should never obey an illegal order, OK?

Now, General Hayden was --- had a terrific reputation at NSA. Largely because he focused on what they call the 11th commandment up there, thou shalt not eavesdrop on Americans. After 9/11, as we all know, everything changed. We have a new paradigm, as they say, not the U.S. constitution...
[..]
Now the paradigm now is when the president or the vice president says we have to do something and it's sort of not really according to the law, we go ahead and do it anyway. And he said, yes, and if we want a person as the head of the CIA who was a yes man and says yes whether it's legal or illegal, I think that disqualifies him.