Monday, January 23, 2006

Three Questions for General Hayden

General Hayden:

The FISA Court of Review wrote in 2002 that:

"The Supreme Court has interpreted the warrant clause of the Fourth Amendment to require three elements:

First, warrants must be issued by neutral, disinterested magistrates.

Second, those seeking the warrant must demonstrate to the magistrate their probable cause to believe that “the evidence sought will aid in a particular apprehension or conviction” for a particular offense.

Finally, “warrants must particularly describe the ‘things to be seized,’” as well as the place to be searched. (Dalia v. United States, 441 U.S. 238, 255 (1979) (citations omitted)."

(See United States Foreign Intelligence Surveillance Court of Review, In re: Sealed Case No. 02-001, Argued September 9, 2002 Decided November 18, 2002)

THREE QUESTIONS

General Hayden, would you please describe the "neutral, disinterested magistrates," who oversaw the surveillance program, how "probable cause" was demonstrated to those magistrates, and what the application for warrants looked like?

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