Michael Hayden Quotes
Despite a campaign that was based on a very powerful promise of transparency, President Obama, and again in my view quite correctly, has used the state secrets argument in a variety of courts, as much as President Bush.
Hayden, Michael V. Playing to the Edge: American Intelligence in the Age of Terror. Penguin Press, 2016.
President George W. Bush had ignored a federal law and tapped the phones of Americans without probable cause and a warrant issued by a court. The President’s defenders argued that the President, as Commander in Chief, has the Constitutional responsibility to lead the military and protect the nation. Intelligence gathering is part of military activity. Therefore the intelligence gathering is a Constitutional duty and the Congress, under the separation of powers doctrine, may not interfere with the President’s Constitutional Duty to conduct intelligence. Under this doctrine, the President need not obey laws that he believes impinge on his management of the war effort and the defense of the nation. Most legal scholars believe that this argument is nonsense, but the George W. Bush administration has stated the doctrine and it was the subject of much litigation.
Michael Vincent Hayden is a retired United States Air Force four-star general and former Director of the National Security Agency, Principal Deputy Director of National Intelligence, and Director of the Central Intelligence Agency. Hayden currently co-chairs the Bipartisan Policy Center's Electric Grid Cyber Security Initiative. In 2017, Hayden became a national security analyst for CNN.