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Probable Cause for Alarm: Press Ignores Ex-NSA Chief's Ignorance of Constitution

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This media release from FAIR.org further illustrates the U.S. media's cherry-picking in its reportage. [Former] FEMA chief Brown's claim of ignorance of the evacuee crisis was reported, however the same can not be said for Michael Hayden, principal deputy director of National Intelligence and former director of the National Security Agency (NSA).

Media Advisory

Probable Cause for Alarm
Press ignores Ex-NSA chief's ignorance of Constitution

1/27/06

When FEMA Director Michael Brown claimed not to be aware of the evacuee crisis at the New Orleans Convention Center following Hurricane Katrina (NPR, 9/1/05), many journalists expressed astonishment that a high-ranking official could be so uninformed about a crucial aspect of his job (e.g., Nightline, 9/1/05). But when Gen. Michael Hayden, principal deputy director of National Intelligence and former director of the National Security Agency, displayed an equally astounding lack of knowledge about a matter just as basic to his job, media as a whole let it pass without comment.

The subject in question was the constitutional protections the American public has against government spying--surely a vital thing to understand for the former head of the nation's top surveillance agency, and the person currently in charge of "overseeing the day-to-day activities of the national intelligence program," as his Air Force bio states. Those protections are specified in the Fourth Amendment to the Constitution, which reads in full:

"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."

Surely it's not too much to ask that the officials who are entrusted with the ability to spy on virtually any electronic communication have an appreciation of how this amendment limits that ability. Yet in a question-and-answer session at the National Press Club in Washington, D.C. on January 23--before an audience consisting largely of journalists--Hayden repeatedly demonstrated that he does not know the basic language of this key part of the Bill of Rights.

The subject came up when reporter Jonathan Landay of Knight Ridder attempted to preface a question by stating 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." Hayden interjected: "Actually, the Fourth Amendment actually protects all of us against unreasonable search and seizure. That's what it says."

Landay politely corrected him, saying, "But the measure is 'probable cause,' I believe." But Hayden insisted: "The amendment says 'unreasonable search and seizure.'" When Landay continued, "But does it not say probable--" he was interrupted by Hayden, who said, "No.... The amendment says 'unreasonable search and seizure.'"

Landay went on to ask his question, which was whether the NSA, by bypassing the special court mandated by the Foreign Intelligence Surveillance Act, had "crafted a detour around the FISA court by creating a new standard of 'reasonably believe' in place of 'probable cause.'" Hayden's response returned to the issue of the Fourth Amendment: Read More

FAIR (Fairness & Accuracy In Reporting)

posted by Annamarie at 10:01 PM