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Hayden hearing may probe NSA wiretaps

WASHINGTON, May 9 (UPI) -- Human rights groups are urging the U.S. Senate to probe NSA warrantless wire-taps in its hearing on Gen. Michael Hayden.

The Senate will be holding confirmation hearings on President George W. Bush's appointment of Air Force Gen. Hayden to head the Central Intelligence Agency. But some privacy rights groups want to turn the hearings into an investigation of the wiretapping program carried out by the National Security Agency, National Journal's Technology Daily reported Monday.

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"It's an excellent opportunity for Congress to ask some tough questions about NSA's warrantless wiretapping program," Kurt Opsahl, staff attorney for the Electronic Frontier Foundation, told Technology Daily.

The American Civil Liberties Union urged the Senate to "vigorously question the nominee" about the program, calling it a violation of the Fourth Amendment.

Marc Rotenberg, executive director of the Electronic Privacy Information Center, called the nomination "troubling." "The concern is Gen. Hayden was head of the NSA when the agency undertook the warrantless surveillance of American citizens," he told Technology Daily.

Hayden, 61, sailed through the Senate confirmation process to be sworn in as deputy director of national intelligence in April 2005. But that was before The New York Times broke the story about NSA's surveillance program in December.

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Senate Intelligence Committee Pat Roberts, R-Kan., supported Hayden then. However, he told reporters that he was not in a position now to say whether he would vote for Hayden. Roberts' committee will conduct the confirmation hearings.

Senate Judiciary Committee Chairman Arlen Specter, R-Pa., said confirmation hearings would provide Senators with "leverage" to force the administration to be more forthcoming about the program.

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