Monday, May 08, 2006

Reasonable Search and Seizure?

Porter Goss has resigned as head of the Central Intelligence Agency and Bush has nominated former NSA head General Michael Hayden. Here's a guy who when asked whether or not the NSA's ability to circumvent the FISA courts to gain a warrent violated the Fourth Amendment's provision that proof of probably cause was required for searches and seizures stated that "probably cause" was not spelled out in the constitution. He stated the legal standard was "unreasonable searches and seizures" and that the NSA's new abilities were not illegal under the Constitution because the searches and seizures were considered reasonable.

For the record:

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.

Either Gen. Hayden has no understanding of the this Amendment or he's just lying to everyone. I can't imagine that he would have been appointed as head of the NSA without an understanding of the Forth Amendment therefore, it is safe to say that he is spinning the Constitution to suit his purposes.

No Spin, anyone?

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