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[IP] NSA Hasn't Read 4th Amendment (Apparently)





Begin forwarded message:

From: Zach Sparer <zsparer@xxxxxxxxxxx>
Date: January 25, 2006 1:29:28 AM EST
To: dave@xxxxxxxxxx
Subject: NSA Hasn't Read 4th Amendment (Apparently)

For IP.



http://onegoodmove.org/1gm/1gmarchive/002801.html#002801



The link points to a video of a discussion between the creator of the domestic eavesdropping program -- NSA’s Michael Hayden -- and a reporter during a briefing. Video is a snip from Keith Olbermann’s Countdown.



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Text of Fourth Amendment:



“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.”



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Transcript of video:



Reporter: 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, uh, and unlawful searches and seizures.



Hayden: Uh, the Fourth Amendment actually, uh protects all of us from unreasonable search and seizure. That’s the test.



Reporter: But the…but the…measure is probable cause.



Hayden: The Amendment says “unreasonable search and seizure.”



Reporter: But does it not say “prob--



Hayden: No.  The Amendment says “unreasonable search and seizures.”



Reporter: The legal standard is probable cause.



<break>



Hayden: Just to be very clear, okay, and believe me, if there is any Amendment of the Constitution that the employees of the National Security Agency are familiar with, it’s the Fourth. Alright? And it is a reasonableness standard in the Fourth Amendment.



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This isn’t funny.  It’s not sad, and it’s not “nothing.”  This is scary.



Zach Sparer

Law Student, University of Pittsburgh







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