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Michael Hayden (general)

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This is an old revision of this page, as edited by 67.98.154.35 (talk) at 18:19, 22 May 2006 (→‎Principal Deputy Director of National Intelligence: Restored Fourth Amendment text and link.). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

For the composer see Michael Haydn
Michael V. Hayden as Principal Deputy Director of National Intelligence.

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

Hayden as Director of the NSA

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

Hayden is sworn-in as Principal Deputy Director of National Intelligence

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.

— Full Transcript[3]

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.

— Full Transcript[3]

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.

— Fourth Amendment

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

George W. Bush announces his nomination of Hayden as the next Director of the CIA as Director of National Intelligence John Negroponte looks on.

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:

Military Career

Military awards

Military badges

Dates of rank

References

  1. ^ http://www.af.mil/bios/bio.asp?bioID=5746
  2. ^ http://www.washingtonpost.com/wp-dyn/content/article/2006/05/06/AR2006050601069.html?nav=rss_email/components
  3. ^ a b http://www.globalsecurity.org/intell/library/news/2006/intell-060123-dni01.htm
  4. ^ E&P Staff (6--May--2006), Hayden, Likely Choice for CIA Chief, Displayed Shaky Grip on 4th Amendment at Press Club, Editor & Publisher {{citation}}: Check date values in: |date= (help); External link in |title= (help)
  5. ^ http://news.bbc.co.uk/2/hi/americas/4750357.stm
  6. ^ http://www.cnn.com/2006/POLITICS/05/11/nsa.phonerecords/index.html
Template:Succession footnote
Preceded by Director of the National Security Agency
1999–2005 		Succeeded by
Preceded by
Initial principal deputy director
 Principal Deputy Director of National Intelligence
2005– 		Succeeded by
Incumbent
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