Michael Hayden

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Michael Vincent Hayden
March 17, 1945

Director of the Central Intelligence Agency
Place of birth Pittsburgh, Pennsylvania
Allegiance USAF
Years of service 1967–present
Rank General
Awards Defense Distinguished Service Medal
Defense Superior Service Medal with bronze Oak Leaf Cluster
Legion of Merit
Bronze Star Medal
Meritorious Service Medal with two bronze Oak Leaf Clusters
Michael Vincent Hayden
Incumbent
Assumed office 
May 30, 2006
Under President George W. Bush
Preceded by Porter Goss
Born March 17, 1945
Pittsburgh, Pennsylvania, USA
Profession Military Officer

Michael Vincent Hayden (born March 17, 1945 in Pittsburgh, Pennsylvania) holds the rank of General in the United States Air Force, and is the current Director of the Central Intelligence Agency. From April 21, 2005–May 26, 2006 he was the Principal Deputy Director of National Intelligence, a position which made him "the highest-ranking military intelligence officer in the armed forces," and he is currently the only non-rated Air Force four-star general.[1]

He was director of the National Security Agency (NSA) from 1999–2005. During his tenure as director, the longest in the history of the agency, he oversaw the controversial warrantless surveillance 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, and on May 23 the Senate Intelligence Committee voted 12-3 to send the nomination to the Senate floor. His nomination was confirmed by the Senate on May 26 by a vote of 78-15. On May 30, 2006 and again the following day at the CIA lobby with President George W. Bush in attendance, Hayden was sworn in as the Director of the Central Intelligence Agency.

Contents

[edit] 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, Jr. who worked as a welder for a Pennsylvania manufacturing company. He has a younger brother, Harry III, and a sister, Debby.

He graduated from Pittsburgh's North Catholic High School. While at Duquesne University he earned a B.A. in history in 1967 and was commissioned as a second lieutenant. He then attended graduate school for an M.A. in modern American History 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.

He is a fan of the NFL's Pittsburgh Steelers.

[edit] Intelligence career

[edit] National Security Agency

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]

General Hayden presided over the NSA during the agency's highly controversial alleged creation of an extremely large domestic telephone call database, as reported by USA Today in May of 2006. During his nomination hearings Hayden defended his actions, to Senator Russ Feingold and others, saying he had relied upon legal advice that White House power to order this was supported by Article Two of the United States Constitution executive branch powers, overriding legislative branch statutes forbidding it.

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: 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."

Defenders of Hayden said that he was merely arguing that the "unreasonable" passage was the relevant section of the 4th Amendment. Law professor Orin Kerr, co-author of the most widely used textbook on criminal procedure, sided with Hayden in this controversy:

In the early period of the NSA wiretapping controversy, General Hayden had an exchange with a reporter at the National Press Club about the meaning of the Fourth Amendment. A reporter insisted that the Fourth Amendment requires probable cause. General Hayden, who is not a lawyer, insisted that the Fourth Amendment requires reasonableness. Opponents of the Hayden nomination are now using the exchange to suggest that General Hayden doesn’t understand the Constitution and is therefore unqualified to lead the CIA. . . . The Fourth Amendment requires that warrants cannot issue without probable cause, but it does not impose some kind of universal probable cause requirement. As the Supreme Court has stressed repeatedly, the requirement of the Fourth Amendment is that searches and seizures must be reasonable. See, e.g., United States v. Knights, 534 U.S. 112, 118 (2001) (”The touchstone of the Fourth Amendment is reasonableness”). Often that requirement is satisfied based on a showing of probable cause, but then often it is not. Courts have relied particularly heavily on the general reasonableness framework in the national security context, which presumably explains why General Hayden, formerly the head of the NSA, would focus on it in his remarks. To be clear, there may be reasons to oppose General Hayden’s nomination. But his understanding of the Fourth Amendment is not one of them.[1]

[edit] 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" [2], 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) or give AT&T the power to monitor all 7,432,000 DSL lines it owns. 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 [3]). 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

[edit] Principal Deputy Director of National Intelligence

Hayden is sworn in as 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.

[edit] 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.
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] He was later confirmed on May 26, 2006 as Director, 78-15, by full U.S. Senate vote. [6]

"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.[7] Feinstein turned out to be incorrect, as General Hayden was easily confirmed.

Hayden is not the first active member of the military to be appointed to run the Central Intelligence Agency (CIA). Those previously holding the position of Director of Central Intelligence while simultaneously holding a military rank were:

[edit] Military career

[edit] Military awards

[edit] Military badges

[edit] Dates of rank

[edit] 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. ^ http://www.globalsecurity.org/intell/library/news/2006/intell-060123-dni01.htm
  4. ^ E&P Staff, "Hayden, Likely Choice for CIA Chief, Displayed Shaky Grip on 4th Amendment at Press Club", Editor & Publisher, 2006-05-06.
  5. ^ http://news.bbc.co.uk/2/hi/americas/4750357.stm
  6. ^ http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=109&session=2&vote=00160
  7. ^ http://www.cnn.com/2006/POLITICS/05/11/nsa.phonerecords/index.html

[edit] External links

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Preceded by
Kenneth A. Minihan		 Director of the National Security Agency
1999–2005		 Succeeded by
Keith B. Alexander
Preceded by
Initial Principal Deputy Director		 Principal Deputy Director of National Intelligence
2005– 2006		 Succeeded by
Ronald L. Burgess, Jr. (acting)
Preceded by
Porter Goss		 Director of the Central Intelligence Agency
2006–		 Succeeded by
Incumbent
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Directors of the National Security Agency
Canine • Samford • Frost • Blake • Carter • Gaylor • Phillips • Allen • Inman • Faurer • Odom • Studeman • McConnell • Minihan • Hayden • Alexander
Directors of the Central Intelligence Agency Seal of the Central Intelligence Agency of the United States
Souers • Vandenberg • Hillenkoetter • Smith • Dulles • McCone • Raborn • Helms • Schlesinger • Colby • Bush • Turner • Casey • Webster • Gates • Woolsey • Deutch • Tenet • Goss • Hayden
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