General confirmed as CIA chief

Gen. Michael V. Hayden, overseer of some of the government's most secret and controversial surveillance programs, was sworn in to head the CIA on May 31, placing a career Air Force officer in charge of the civilian spy agency. The Senate approved Hayden in under three weeks by a vote of 78-15 that gave a broad bipartisan endorsement to the architect of President George W. Bush's domestic spying program. The administration had to fill the CIA position after the sudden resignation on May 5 of Director Porter Goss, who had disputes with National Intelligence Director John Negroponte and Hayden over the agency's direction. Hayden's nomination drew fire from some members of Congress and civil liberties groups because he headed the National Security Agency when it began conducting warrantless wiretaps of US citizens' phone calls. Critics say the program exceeds the president's Constitutional powers and violates a federal law requiring court warrants for eavesdropping inside the United States. Hayden and Bush, who acknowledged the program only after press reports outlined it, have said the effort is narrowly targeted at terrorism suspects. But thousands of phone calls reportedly have been monitored without producing promising leads, and many lawmakers say Hayden and other officials have yet to explain adequately why they should not have to obtain court warrants for the wiretaps. At his confirmation hearing, Hayden said he wants the CIA to focus on traditional spy-craft and to reward risks taken by operatives in the agency's clandestine service. Senate Judiciary Committee Chairman Arlen Specter (R-PA), the only Republican to vote against confirmation, said he did so to protest the administration's failure to inform Congress of intelligence operations, particularly its warrantless surveillance program. Specter joined 14 Democrats in opposing confirmation. Supporting it were 52 Republicans, 25 Democrats and one independent. "I voted against the nomination of General Michael Hayden to be Director of the CIA because I am not convinced that the nominee respects the rule of law and Congress's oversight responsibilities," explained Sen. Russ Feingold (D-WI). Hayden was questioned by the Senate Select Committee on Intelligence, but repeatedly refused to answer questions, noting that he would only respond in a "closed session" to many of them, including basic questions about following federal laws. Additionally, Hayden decided not to comment on the CIA's policy on torture and unlawful rendition. "General Hayden's confirmation hearing offered no useful information and was a disservice to the American people," said Lisa Graves, Senior Counsel for Legislative Strategy of the American Civil Liberties Union. "The lack of vigorous questioning by some Senators was disappointing but General Hayden's answers were even more so. Straightforward answers about straightforward national security and privacy issues should not be so easily eschewed." "I believe General Hayden is the leader and honest broker the CIA needs to regain its footing as the world's premier spy service," Sen. Dianne Feinstein (D-CA) said in a statement. When Bush nominated Hayden on May 8, several House Republicans and a few Senators said they feared that his military background was inappropriate for a CIA director at a time when the Pentagon is aggressively trying to expand its role in intelligence matters. But any widespread congressional concerns about the military now overseeing most of the branches of the nation's intelligence apparatus would seem to be placated. Senate Democrats signaled from the start that they would not make a concerted effort to block the nomination. Minority Leader Harry M. Reid (D-NV) voted for confirmation and said, "I am hopeful General Hayden will provide the CIA the kind of nonpartisan leadership it has sorely lacked for the past several years." For just over a year, Hayden served as the top deputy to National Intelligence Director John Negroponte. He was National Security Agency director for the six years before that, beginning in 1999.