President Bush's CIA director-nominee, Gen. Michael Hayden, to face what
undoubtedly will be the toughest public questioning of his 37-year government
career at a Senate confirmation hearing.
 CIA Director nominee Gen. Michael Hayden,
right, walks with Sen. Rick Santorum, R-Pa., left, to a meeting on Capitol
Hill Tuesday, May 16, 2006. [AP] |
Hayden is at the center of the debate over the Bush administration's
controversial domestic surveillance programs, which allowed the National
Security Agency under Hayden's leadership to eavesdrop without warrants on
telephone calls when one party was overseas and suspected of terrorism.
His reception by the Senate Intelligence Committee on Thursday was expected
to be much different than a year ago, when the panel approved him unanimously to
be the nation's first principal deputy director of national intelligence.
"I was actually delighted when you were appointed," the Intelligence
Committee's top Democrat, West Virginia Sen. Jay Rockefeller, told Hayden in
April 2005.
This time, Rockefeller wrote Hayden on Wednesday to lay out concerns
regarding the general's independence from the administration, given his
aggressive defense of the decision to conduct the warrantless monitoring.
"It is of the utmost importance that officials of the intelligence community
avoid even the appearance of politicization, and that its senior leaders set an
example," wrote Rockefeller, who will miss Hayden's hearing while recovering
from back surgery.
He said he hoped Hayden would explain how he planned to repair the CIA, which
is struggling to find its footing after a 2004 overhaul law that reorganized the
U.S. spy community. Rockefeller wants to be sure the Pentagon and CIA are
adequately coordinating their classic spy operations.
Some have questioned whether it is appropriate to have someone like Hayden,
with his lengthy resume in military intelligence, directing the civilian spies
at the CIA at a time when the intelligence community is increasingly dominated
by the Pentagon. In closed door meetings with senators, Hayden, 61, indicated a
willingness to retire from the Air Force if necessary.
Republicans generally have praised Hayden. "I don't think he'll be under the
thumb of the Defense Department," said Sen. Orrin Hatch, R-Utah, adding that
Hayden brings a tremendous intelligence background to the job.
Much of the hearing was expected to focus on a recent newspaper report that
the NSA was able to analyze the calling records of millions of ordinary
Americans.
Sen. Carl Levin, D-Mich., said there were serious privacy concerns. If the
government maintains a database of Americans' calls, he said, "that has got to
be addressed." Levin and other Democrats have not said publicly yet whether they
will support Hayden, waiting to see how he handled himself in Thursday's open
and closed committee hearings.
To help smooth Hayden's path, the administration reversed course after five
months and decided this week to provide more information to Congress about the
ultra-secret NSA's activities. That includes full briefings for the House and
Senate Intelligence Committees.
Senate Intelligence Committee Chairman Pat Roberts, R-Kan., who supports
Hayden, said the information was necessary to have a fully informed confirmation
hearing.
"This issue will be central to the committee's deliberations on General
Hayden's nomination," Roberts said, "and there was no way we could fulfill our
collective constitutional responsibilities without that knowledge."
President Bush chose Hayden as CIA director-nominee after consultation with
Hayden's current boss, National Intelligence Director John Negroponte. Outgoing
CIA Director Porter Goss announced his retirement earlier this month after
disputes with Hayden and Negroponte about the CIA's direction.