Michael Hayden (general): Difference between revisions
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The Fourth amendment does in fact refer to both "unreasonable searches and seizures" and "probable cause" stating in whole: |
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''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.'' |
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Revision as of 18:19, 22 May 2006
- For the composer see Michael Haydn
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![](http://upload.wikimedia.org/wikipedia/commons/thumb/a/ac/Michael_V._Hayden.jpg/220px-Michael_V._Hayden.jpg)
Michael Vincent Hayden (born March 17, 1945 in Pittsburgh, Pennsylvania) holds the rank of general in the United States Air Force, which describes him as "the highest-ranking military intelligence officer in the armed forces." He is currently the only non-rated Air Force four-star general. He is the Principal Deputy Director of National Intelligence, where he is said to be "responsible for overseeing the day-to-day activities of the national intelligence program."[1] He took office on April 21, 2005, when both he and Director of National Intelligence (DNI) John Negroponte were sworn in after a Senate confirmation.
He previously served as director of the National Security Agency (NSA), having assumed that position in 1999. During his tenure as director, the longest in the history of the agency, he oversaw the controversial terrorist surveillance program of technological communications between persons in the United States and alleged foreign terrorist groups.
On May 8, 2006, Hayden was nominated for the post of CIA Director following the May 5 resignation of Porter J. Goss. Senator Dianne Feinstein (D-CA) said in her statement about General Hayden's nomination: "...A long transition is not good for the nation. Morale at the CIA has dropped, and there are serious management and supervision challenges. We need a respected, competent intelligence professional who can command respect and manage this growing agency. Based on what I know so far, General Michael Hayden appears to fit that bill. He has run an intelligence agency twice the size of the CIA. And while he might not have had experience directly supervising human operations, he has been effective. I believe he is prepared to act quickly to bring in other respected professionals to fill the top positions..."
Early life, career, and family
Michael Vincent Hayden was born on St. Patrick's Day in Pittsburgh, Pennsylvania to an Irish-American couple, Sadie and Harry Hayden, Sr. who worked as a welder for a Pennsylvania manufacturing company. He has a younger brother, Harry, Jr.
He graduated from Pittsburgh's North Catholic High School. While at Duquesne University he earned a B.A. in history in 1967 and an M.A. in modern American history in 1969, while working part-time as a taxi-driver to fund his degree.
He is a graduate of the Reserve Officer Training Corps program. Hayden entered active military service in 1969.
Hayden has served as commander of the Air Intelligence Agency and Director of the Joint Command and Control Warfare Center, both headquartered at Lackland Air Force Base. He also has served in senior staff positions in the Pentagon; Headquarters U.S. European Command, Stuttgart, Germany; the National Security Council, Washington, D.C., and the U.S. Embassy in the then-People's Republic of Bulgaria. Prior to his current assignment, the general served as deputy chief of staff for United Nations Command and U.S. Forces Korea, Yongsan Army Garrison. He has also worked in intelligence in Guam.
He is married to Jeanine Carrier, and they have a daughter and two sons.
Intelligence career
National Security Agency
![](http://upload.wikimedia.org/wikipedia/commons/thumb/1/12/Michael_V._Hayden_as_NSA_director.jpg/220px-Michael_V._Hayden_as_NSA_director.jpg)
Hayden served as the Director of the National Security Agency and Chief of the Central Security Service at Fort George G. Meade, Maryland from March 1999 to April 2005. As the Director of NSA and Chief of CSS, he was responsible for a combat support agency of the Department of Defense with military and civilian personnel stationed worldwide.
He was reportedly exceptionally open as NSA director, inviting reporters to his Fort Meade home for dinner.[2]
Strategy for the NSA
Hayden and the NSA have a strategy to shift greater reliance on American industry for the purposes of domestic spying (see Gen. Hayden Statement to Congress - see section 27), EFF class action suit Although Gen. Hayden said at the National Press Club that "As the director, I was the one responsible to ensure that this program was limited in its scope and disciplined in its application" [1], his testimony that, "One senior executive confided that the data management needs we outlined to him were larger than any he had previously seen" Gen. Hayden Statement to Congress - see section 27 before the Joint Inquiry of the Senate Select Committee On Intelligence and the House Permanent Select Committee On Intelligence) indicates that NSA's database was projected to be considerably larger than AT&T's 300 terabyte "Daytona" database of caller information. The NarusInsight is one type of spying hardware, capable of monitoring of an OC-192 network line in realtime (39,000 DSL lines). After data capture, according to Narus, its software can replay, "streaming media (for example, VoIP), rendering of Web pages, examination of e-mails and the ability to analyze the payload/attachments of e-mail or file transfer protocols" (see [[2]]).China Telecom uses this same type of technology to spy and censor its people in a more primitive way. China telecom has started the process to acquire this technology logistically and financially. Shanghai Telecom seeks system
Principal Deputy Director of National Intelligence
![](http://upload.wikimedia.org/wikipedia/commons/thumb/b/bf/Hayden_DepDir_NatInt.jpg/220px-Hayden_DepDir_NatInt.jpg)
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Hayden was Principal Deputy Director of National Intelligence from May 2005 to May 2006 under John Negroponte.
Hayden's appearance at the National Press Club in Washington, D.C. on January 23, 2006, in which he discussed the National Security Agency's policy of eavesdropping on international communications between persons within the U.S. and individuals and groups overseas without a warrant granted by a F.I.S.A. court pursuant to the Foreign Intelligence Surveillance Act, generated considerable controversy. During the question and answer period with the press following his speech, the following exchange occurred between Hayden and Jonathan Landay of Knight Ridder:
QUESTION: Jonathan Landay with Knight Ridder. I'd like to stay on the same issue, and that had to do with the standard by which you use to target your wiretaps. I'm no lawyer, but my understanding is that the Fourth Amendment of the Constitution specifies that you must have probable cause to be able to do a search that does not violate an American's right against unlawful searches and seizures. Do you use --
- GEN. HAYDEN: No, actually -- the Fourth Amendment actually protects all of us against unreasonable search and seizure.
QUESTION: But the --
- HAYDEN: That's what it says.
QUESTION: But the measure is probable cause, I believe.
- HAYDEN: The amendment says unreasonable search and seizure.
QUESTION: But does it not say probable --
- HAYDEN: No. The amendment says --
QUESTION: The court standard, the legal standard --
- HAYDEN: -- unreasonable search and seizure.
Editor & Publisher has reported that "Hayden seemed to deny that the amendment included [probable cause], or simply ignored it."[4]. The Fourth Amendment does in fact contain the text "probable cause" in addition to "unreasonable searches and seizures."
At the end of this exchange with Landay, General Hayden explained that he was not a lawyer and that he was deferring to the Attorney General in terms of ascertaining the legality of the order he had received:
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.
The Fourth amendment does in fact refer to both "unreasonable searches and seizures" and "probable cause" stating in whole:
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.
The legality of warrantless wiretaps is being publicly debated in light of the specific warrant requirements imposed by the Foreign Intelligence Surveillance Act. (See NSA warrantless surveillance controversy and Terrorist_surveillance_program.)
Central Intelligence Agency
![](http://upload.wikimedia.org/wikipedia/commons/thumb/5/52/Hayden_cia_nomination.jpg/220px-Hayden_cia_nomination.jpg)
On Monday, May 8, 2006, Hayden was nominated by President George W. Bush to be Director of the Central Intelligence Agency after the resignation of Porter J. Goss on May 5, 2006. [5]
"I happen to believe we are on our way to a major constitutional confrontation on Fourth Amendment guarantees of unreasonable search and seizure," Senator Dianne Feinstein said on May 11, 2006, indicating that confirmation hearings may not be smooth.[6]
Hayden is not the first active member of the military to be appointed to run the Central Intelligence Agency (C.I.A.). Those previously holding the position of director of the CIA with military backgrounds include:
- Harry Truman appointed Rear Adm. Sidney Souers, a Navy officer, who was the first man to hold the position; Lt. Gen. Hoyt S. Vandenberg, an Air Force officer; Rear Adm. Roscoe H. Hillenkoetter, a Navy officer who was just prior Captain of the USS Missouri; Gen. Walter Bedell Smith, an Army officer
- Lyndon B Johnson appointed Vice Adm. William Raborn, a Navy officer; Richard Helms, who served in the Navy during World War II
- Richard Nixon appointed William Colby, who volunteered for the Army in 1941
- Gerald Ford appointed George H.W. Bush, who was a decorated naval aviator from World War II
- Jimmy Carter appointed Stansfield Turner, who was a U.S. admiral in the Navy after World War II
- Ronald Reagan appointed William Hedgcock Webster, who was a lieutenant in the United States Navy during World War II
- George H.W. Bush appointed Robert Gates, who was in the Air Force
- Bill Clinton appointed R. James Woolsey, who was a Captain in the U.S. Army from 1968-70
Military Career
Military awards
- Defense Distinguished Service Medal
- Defense Superior Service Medal with bronze Oak Leaf Cluster
- Legion of Merit
- Bronze Star Medal
- Meritorious Service Medal with two bronze Oak Leaf Clusters
- Air Force Commendation Medal
- Air Force Achievement Medal
- Joint Meritorious Unit Award
- Air Force Outstanding Unit Award
- Air Force Organizational Excellence Award
- National Defense Service Medal with bronze Oak Leaf Cluster
- Armed Forces Service Medal
- Air Force Overseas Ribbon (Short Tour) with bronze Oak Leaf Cluster
- Air Force Overseas Ribbon (Long Tour) with two bronze Oak Leaf Clusters
- Air Force Longevity Service Award with one silver and one bronze Oak Leaf Cluster
- Small Arms Expert Marksmanship Ribbon
- Air Force Training Ribbon
Military badges
Dates of rank
- June 2, 1967 — Second Lieutenant
- June 7, 1970 — First Lieutenant
- December 7, 1971 — Captain
- June 1, 1980 — Major
- February 1, 1985 — Lieutenant Colonel
- November 1, 1990 — Colonel
- September 1, 1993 — Brigadier General
- October 1, 1996 — Major General
- May 1, 1999 — Lieutenant General
- April 22, 2005 — General
References
- ^ http://www.af.mil/bios/bio.asp?bioID=5746
- ^ http://www.washingtonpost.com/wp-dyn/content/article/2006/05/06/AR2006050601069.html?nav=rss_email/components
- ^ a b http://www.globalsecurity.org/intell/library/news/2006/intell-060123-dni01.htm
- ^ E&P Staff (6--May--2006), Hayden, Likely Choice for CIA Chief, Displayed Shaky Grip on 4th Amendment at Press Club, Editor & Publisher
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- ^ http://news.bbc.co.uk/2/hi/americas/4750357.stm
- ^ http://www.cnn.com/2006/POLITICS/05/11/nsa.phonerecords/index.html
External links
- Office of the Director of National Intelligence
- Official Air Force biography
- Official NSA biography
- General Michael Hayden at NNDB
- Baltimore Sun article August 8, 2004
- New York Times article February 17, 2005
- Minneapolis StarTribune biography
- Statement for the record by Lieutenant General Michael V. Hayden, USAF, Director, National Security Agency / Chief, Central Security Service before the Joint inquiry of the Senate Select Committee on Intelligence and the House Permanent Select Committee on Intelligence, 17 October 2002
- Democracy Now! coverage of the January 23 National Press Club meeting. Johnathan Lindsay asks about probable cause at 18:30.
- SourceWatch article on Michael Hayden
- IndyMedia article on stophayden.org, the first campaign to block Hayden's confirmation as Director of the CIA, launched in May of 2006
- Statement of Senator Dianne Feinstein On the Nomination of General Michael Hayden as Director of the CIA
- Thinker, Briefer, Soldier, Spy, Time Magazine, May 15, 2006