Washington – CIA director nominee Michael Hayden has told at least one Democratic senator that he may be open to changing the law that governs eavesdropping on U.S. soil to allow the Bush administration’s warrantless surveillance.
President Bush and other senior officials have said they don’t believe that changes in the law are needed to empower the National Security Agency to eavesdrop – without court approval – on communications between people in the U.S. and overseas when terrorism is suspected.
The 1978 Foreign Intelligence Surveillance Act established a system requiring the national security agencies to seek approval from a secretive federal court before monitoring Americans. Bush’s program skirted those rules.
Hayden, an Air Force four-star general and former NSA director, and other government officials had previously said that they did not ask Congress to change the surveillance law because the debate would reveal U.S. intelligence techniques. Gradually, the White House has come around, saying it is committed to working with Congress on legislation that would write the president’s eavesdropping authority into statute.
But the White House has not specifically embraced changes to the FISA process.
Sen. Richard Durbin, D-Ill., said Hayden indicated he could support a congressional debate on modifying that law. The exchange came during a 35-minute meeting Wednesday about his nomination to be CIA director.
Spokespeople for Hayden were not immediately available to comment.
Hayden is making the rounds on Capitol Hill to help sell his nomination to be CIA director. Outgoing director Porter Goss announced his resignation Friday, and officials have said that Goss had conflicts with National Intelligence director John Negroponte and his top deputy, Hayden.
Senate Intelligence Committee chairman Pat Roberts, R-Ill., plans to hold open and closed hearings on Hayden’s nomination starting May 18.
Republicans and Democrats have expressed concern about the prospect of an Air Force officer running the civilian CIA. Also creating discomfort are Hayden’s ties to the warrantless surveillance program, which Bush has credited Hayden with designing.
