And right when you thought things couldn’t get any scarier, try this frightening exchange that occurred yesterday at the National Press Club between Jonathan Landay, a reporter for Knight-Ridder, and General Michael Hayden, Deputy Director of US Intelligence. I just watched an edited version on MSNBC:
Landay: “…the Fourth Amendment of the United States Constitution specifies that you must have probable cause to violate an American’s right against unreasonable searches and seizures..”
Gen. Hayden: “No, actually – the Fourth Amendment actually protects all of us against unreasonable search and seizure.”
Landay: “But the –”
Gen. Hayden: “That’s what it says.”
Landay: “The legal measure is probable cause, it says.”
Gen. Hayden: “The Amendment says: unreasonable search and seizure.”
Landay: “But does it not say ‘probable cause’?”
Gen. Hayden [exasperated, scowling]: “No! The Amendment says unreasonable search and seizure. ”
Landay: “The legal standard is probable cause, General — ”
Gen. Hayden [indignant]: “Just to be very clear … mmkay… 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. Alright? And it is a reasonableness standard in the Fourth Amendment. The constitutional standard is ‘reasonable’.”
No need for the General to brush up on the Fourth amendment, I suppose .. after all, we don’t seem to be using it. A good piece – with the full transcript – tonight by E&P here.