S. HRG. 109–808 NOMINATION OF GENERAL MICHAEL V. HAYDEN, USAF TO BE DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY HEARING BEFORE THE SELECT COMMITTEE ON INTELLIGENCE UNITED STATES SENATE ONE HUNDRED NINTH CONGRESS SECOND SESSION MAY 18, 2006 Printed for the use of the Select Committee on Intelligence ( Available via the World Wide Web: http://www.access.gpo.gov/congress/senate U.S. GOVERNMENT PRINTING OFFICE 31-314 PDF WASHINGTON : 2007 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate 11-MAY-2000 11:00 Feb 27, 2007 Jkt 031314 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 C:\DOCS\31314.TXT DianeA PsN: DianeA SELECT COMMITTEE ON INTELLIGENCE [Established by S. Res. 400, 94th Cong., 2d Sess.] PAT ROBERTS, Kansas, Chairman JOHN D. ROCKEFELLER IV, West Virginia, Vice Chairman ORRIN G. HATCH, Utah CARL LEVIN, Michigan MIKE DeWINE, Ohio DIANNE FEINSTEIN, California CHRISTOPHER S. BOND, Missouri RON WYDEN, Oregon TRENT LOTT, Mississippi EVAN BAYH, Indiana OLYMPIA J. SNOWE, Maine BARBARA A. MIKULSKI, Maryland CHUCK HAGEL, Nebraska RUSSELL D. FEINGOLD, Wisconsin SAXBY CHAMBLISS, Georgia BILL FRIST, Tennessee, Ex Officio HARRY REID, Nevada, Ex Officio JOHN W. WARNER, Virginia, Ex Officio BILL DUHNKE, Staff Director and Chief Counsel ANDREW W. JOHNSON, Minority Staff Director KATHLEEN P. MCGHEE, Chief Clerk (II) VerDate 11-MAY-2000 11:00 Feb 27, 2007 Jkt 031314 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 C:\DOCS\31314.TXT DianeA PsN: DianeA CONTENTS Page MAY 18, 2006 OPENING STATEMENTS Roberts, Hon. Pat, Chairman, a U.S. Senator from the State of Kansas ........... 1 Levin, Hon. Carl, a U.S. Senator from the State of Michigan ............................. 4 WITNESSES Hayden, General Michael V., USAF ............................................................... 12 SUPPLEMENTAL MATERIALS Letter dated May 17, 2006 from Senator John D. Rockefeller IV to Gen- eral Michael V. Hayden ................................................................................ 7 Letter dated May 17, 2006 from Director John D. Negroponte to Hon. J. Dennis Hastert with attachment showing dates and names of Con- gress Members who attended briefings on the Terrorist Surveillance Program ......................................................................................................... 70 CIA/FBI failures in regard to two September 11 hijackers, the Phoenix Electronic Communication, and the Moussaoui Investigation (based on chart presented by Senator Carl Levin at October 17, 2002 joint inquiry hearing) .......................................................................................................... 122 Letter dated April 27, 2006 from Darlene M. Connelly, Director of Legis- lative Affairs, Office of the DNI to Senator Carl Levin ............................. 123 (III) VerDate 11-MAY-2000 11:00 Feb 27, 2007 Jkt 031314 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 C:\DOCS\31314.TXT DianeA PsN: DianeA VerDate 11-MAY-2000 11:00 Feb 27, 2007 Jkt 031314 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 C:\DOCS\31314.TXT DianeA PsN: DianeA NOMINATION OF GENERAL MICHAEL V. HAYDEN, USAF TO BE DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY THURSDAY, MAY 18, 2006 U.S. SENATE, SELECT COMMITTEE ON INTELLIGENCE, Washington, DC. The Committee met, pursuant to notice, at 9:33 a.m., in room SH–216, Hart Senate Office Building, the Honorable Pat Roberts (Chairman of the Committee) presiding. Present: Senators Roberts, Hatch, DeWine, Bond, Lott, Snowe, Hagel, Chambliss, Warner, Levin, Feinstein, Wyden, Bayh, Mikul- ski and Feingold. OPENING STATEMENT OF HON. PAT ROBERTS, CHAIRMAN, A U.S. SENATOR FROM KANSAS Chairman ROBERTS. The Committee will come to order. The Committee meets today to receive testimony of the Presi- dent’s nomination for the Director of the Central Intelligence Agen- cy. Our witness today is the President’s nominee, General Michael V. Hayden. Obviously, given his more than 35 years of service to our coun- try, his tenure as Director of the National Security Agency, and his current position as the Principal Deputy Director of National Intel- ligence, why, General Hayden is no stranger to this Committee and he needs no introduction to our Members. In other words, we know him well. So, General, the Committee welcomes you and your guests and your family. Your nomination comes before the Senate at a crucial and impor- tant time, because the Central Intelligence Agency continues to need strong leadership in order to protect our national security. The public debate in regard to your nomination has been domi- nated not by your record as a manager or your qualifications, the needs of the CIA, its strengths and its weaknesses and its future, but rather the debate is focused almost entirely on the Presi- dentially authorized activities of another agency. The National Security Agency’s terrorist surveillance program became public last December as a result of a grave breach of na- tional security. A leak allowed our enemy to know that the Presi- dent had authorized the NSA to intercept the international commu- (1) VerDate 11-MAY-2000 11:00 Feb 27, 2007 Jkt 031314 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 C:\DOCS\31314.TXT DianeA PsN: DianeA 2 nications of people reasonably believed to be linked to al-Qa’ida— people who have and who are still trying to kill Americans. At that time, largely uninformed critics rushed to judgment, de- crying the program as illegal and unconstitutional. I think in the interim that cooler heads have prevailed and there is now a con- sensus that we must be listening to al-Qa’ida communications. Last week, in the wake of another story, those same critics reprised their winter performance, again making denouncements and con- demnations on subjects about which they know little or nothing. Inevitably, all of the media—all of America, for that matter— looks to us for comment. More often than not, although very frus- trating, we are literally unable to say anything. Anyone who has ever served on a congressional Intelligence Committee has strug- gled with the issue of secrecy. How do we, as the elected represent- atives of the people, assure the public that we are fully informed and conducting vigorous oversight of our Nation’s intelligence ac- tivities when we can say virtually nothing about what we know, even though we would like to set the record straight? The result of this conundrum is that we quite often get accused of simply not doing our job. Such accusations by their very nature are uninformed and therefore are not accurate. Unfortunately, I have found that ignorance is no impediment for some critics. I fully understand the desire to know; I’m a former newspaper man. But I also appreciate the absolute necessity of keeping some things se- cret in the interest of national security. In this regard, I am truly concerned. This business of continued leaks, making it possible for terrorists to understand classified in- formation about how we are preventing their attacks, is endan- gering our country and intelligence sources and methods and lives. I believe the great majority of American people understand this. I think they get it. Al-Qa’ida is at war with the United States. Terrorists are plan- ning attacks as we hold this hearing. Through very effective and highly classified intelligence efforts, we have stopped attacks. The fact we have not had another tragedy like 9/11 is no accident. But today in Congress and throughout Washington, leaks and misinformation are endangering our efforts. Bin Ladin, Zarqawi and their followers must be rejoicing. We cannot get to the point where we are unilaterally disarming ourselves in the war against terror. If we do, it will be game, set, match al–Qa’ida. Remember Khobar Towers, Beirut, the USS COLE, embassy at- tacks, the two attacks on the World Trade Center and the Pen- tagon, 9/11, and attacks worldwide and more to come, if our efforts are compromised. I am a strong supporter of the First Amendment, the Fourth Amendment and civil liberties. But you have no civil liberties if you are dead. I have been to the NSA and seen how the terrorist surveillance works. I have never seen a program more tightly run and closely scrutinized. When people asked on September 12 whether we were doing ev- erything in our power to prevent another attack, the answer was no. Now, we are, and we need to keep doing it. VerDate 11-MAY-2000 11:00 Feb 27, 2007 Jkt 031314 PO 00000 Frm 00006 Fmt 6633 Sfmt 6633 C:\DOCS\31314.TXT DianeA PsN: DianeA 3 I have often said and I will say again, I trust the American peo- ple. They do have a right to know. I do not trust our enemies. Un- fortunately, there is no way to inform the public without informing our adversaries. So how can we ensure that our Government is not acting outside the law if we cannot publicly scrutinize its actions? This institu- tion’s answer to that question was the creation of this Committee. We are the people’s representatives. We have been entrusted with a solemn responsibility. And each Member of this Committee takes it very seriously. We may have differences, but we take our obliga- tions and responsibilities very seriously. Because intelligence activities are necessarily secret, the conduct of our oversight is also secret. In my humble opinion, it doesn’t make a whole lot of sense to telegraph to our adversaries how we intend to learn about their capabilities and their intentions. Oversight of the terrorist surveillance program is necessarily con- ducted behind closed doors. The Senate Intelligence Committee has been and will continue to exercise its oversight and responsibilities related to the NSA. Yesterday the entire Committee joined our con- tinuing oversight of the program. Each Member will have the op- portunity to reach their own conclusions.