The Hayden Nomination

NRO has an execellent piece on an exchange between Gen. Hayden and a reporter at The National Press Club over the domestic surveillance program a few months ago. Hayden drew a distinction between unreasonable search and seizure and the need for warrants in the Fourth Amendment. No doubt the Lefties will dredge it up in the hysteria leading up to his confirmation hearing. Just to expand on the point, there are several instances in the criminal context when warrants are not required such search incident to arrest, "protective sweep", and hot pursuit. In such instances, it would be either impractical or impossible to obtain a warrant before conducting a search. Overlooked in all of the hysteria, is the FISA Court of Review's ruling, In re Sealed Case, which upheld the President's authority to conduct warrantless surveillance of foreign agents, a ruling which the Supreme Court saw fit not to further review.