Reply #90: Clark on Hayden and Wiretapping: Mostly two separate issues.

[Clarkie1]

ClarkCast 011- NSA Wiretapping and Mike Hayden
May 21, 2006
transcript by Reg NYC

I'd like to bring up Mike Hayden. There's been a lot of discussion over the last few days about Mike Hayden and his appointment to be the Director of the CIA. I know Mike. He was a Two-Star. He was a - I think he was a Two-Star, maybe he was a One-Star getting ready to be a Two-Star - in the European Command. He was the intelligence officer when we were talking about what to do in the Balkans. I was- I talked to Mike several times personally I was with, with him on video teleconferences. I went to the region. I met with his staff. I got- I relied on him for, as a source for information. I found him to be a thoroughly competent intelligence officer. He was smart. He was well informed. He was into the details.

I don't know anything about the secret wiretapping. So, my view of it is that I think Mike Hayden is- he has a broad background. He's perfectly capable of being the Director of the Central Intelligence Agency.

But, having said that, I think we need a genuine detailed investigation of the NSA wiretapping program. We need an investigation that will lay out these facts in a way that will reassure the American people that our leaders don't violate the law of the land. Americans shouldn't permit a violation by the Executive Branch of the law of the land, because our security ultimately rests on the Constitution.

We took an oath, you know, all of us in- when you reenlist or when you join or when you become an officer, you say, "I'll support and uphold the Constitution of the United States against all enemies foreign and domestic." "Against all enemies foreign and domestic." You're not taking an oath of fealty to the person who's in the office of Commander In Chief. You're taking an oath to support and uphold to Constitution of the United States.

That's the oath Mike Hayden took, and I think he's an honorable guy. I think he probably ran through whatever this wiretapping program is. I think he probably had legal advice that said it was permissible. He probably has a lawyer at NSA who reviews these things. I'm sure that that lawyer's opinion was vetted by, let's see, it would have been John Ashcroft and the Justice Department, and it would have been, let's see, Al Gonzales, the same guy who wrote the torture memo that said it wasn't torture unless you had destroyed a major organ or something like this. These are two men who are not known for their attentiveness to the law of the land.

I think this whole program needs to be unpacked. I think it needs to be unpacked by the United States Congress. And if the United States Congress can't do it in a way that avoids the kind of partisan Republican control, then I guess we need to have a Special Prosecutor or some Special Commission set up. Because I don't think the American people have, can have confidence in a partisan Congressional investigation in which the President's party denies the right to the opposition party to ask questions, call witnesses, subpoena evidence and make conclusions. That's the kind of cover up that's lead us to the position that we're in right now. So, I think the American people are demanding a real investigation of what this NSA program is all about, and I think that's what needs to be done.

As far as Mike Hayden is concerned, I think he needs to take off the uniform. He needs to retire, and he needs to stand on his own two feet. It's no longer enough to be a good soldier. It's no longer enough to salute the Commander In Chief and say, 'Aye, aye sir. We'll do whatever you want.' When you're the Director of Central Intelligence, you've got to move up in terms of who you are and understand the responsibilities you're carrying, and I think it's harder to do that if you're in uniform. So, I think I'd feel more comfortable if Mike, at this point, said he'd had a very successful military career, took off that uniform and became a civilian and understood that it's Mike Hayden - not an Air Force officer, not an Air Force Three-Star or Four-Star - his personal judgment, his integrity, his leadership. That's what's on the line as Director of Central Intelligence Agency. So, I think there are two different matters here, and I'd like to see this Congressional investigation get started in a serious way on the NSA wiretap.

www.securingamerica.com