QUOTE
http://www.bloomberg.com/apps/news?pid=was...d=aoTPpRNSPY_4#

Lawmakers Defend Hayden CIA Nomination, Set Up Battle in Senate

May 9 (Bloomberg) -- Lawmakers from both parties yesterday came to the defense of Michael Hayden, President George W. Bush's choice to head the Central Intelligence Agency, countering concerns raised earlier by Republican leaders.

Statements from senators such as Mike DeWine, an Ohio Republican, and Dianne Feinstein, a California Democrat, came one day after several Republican lawmakers expressed reservations about the nomination.

The dueling statements set the stage for contentious confirmation hearings by the Senate Intelligence Committee in which Hayden will be grilled on his role in creating a domestic eavesdropping program and his ties to the military.

Hayden, 61, now chief deputy to Director of National Intelligence John Negroponte, ``is someone who's been innovative'' in his intelligence duties, DeWine said in an interview. ``I would be leaning toward'' confirming the nominee, said DeWine, a member of the Intelligence Committee.

Democrats such as Senators Richard Durbin of Illinois and Edward Kennedy of Massachusetts questioned whether Hayden was strong enough to resist telling the president what he wants to hear.

``I am concerned that General Hayden may not be able to provide the president with the independent voice he needs at the CIA,'' Durbin, the No. 2 Senate Democrat, said in a statement.

Intelligence Committee Chairman Pat Roberts said he wants to hold hearings this month and expects Hayden to be confirmed. ``I don't oppose him at all,'' Roberts, a Kansas Republican, said in an interview. ``He's probably the most qualified person on intelligence in the city.''

Goss's Departure

Bush yesterday announced Hayden as his choice to replace outgoing CIA Director Porter Goss, 67, whose tenure has been marked by the departure of senior agency officials and plummeting morale.

Negroponte may have appeased some critics of the Hayden nomination when he told reporters that Steve Kappes, the former head of the CIA's clandestine service, is ``the leading contender'' to become Hayden's deputy.

The appointment of Kappes, who resigned after clashing with Goss's aides, ``would go a long way to reassuring the workforce,'' Representative Jane Harman of California, the House intelligence panel's senior Democrat, said in a statement.

Feinstein, who is on the Senate intelligence panel, said Kappes's return wouldn't dispel all the controversy. ``There will be a lot of hard questions asked and he should answer them,'' she said of the nominee.

Nonetheless, Feinstein signaled support, even as she said Hayden, a four-star general, should resign from the military.

`Respected, Competent'

``We need a respected, competent intelligence professional who can command respect and manage this growing agency,'' Feinstein said in a statement. ``Based on what I know so far, General Michael Hayden appears to fit that bill.''

Republican Senators Orrin Hatch of Utah and Christopher Bond of Missouri -- both intelligence panel members -- also released statements supportive of the nominee.

Hayden was named to the No. 2 post in the Office of National Intelligence in August. He was director of the National Security Agency from 1999 to 2005.

The super-secret NSA runs massive electronic surveillance programs of international communications. Hayden in 2001 instituted the domestic wiretapping program that was disclosed last year, triggering an intense civil-liberties debate.

Under the program, approved by Bush after the Sept. 11 attacks, the NSA has monitored conversations between U.S. residents and suspected foreign terrorists without seeking a court warrant, as prescribed by the 1978 Foreign Intelligence Surveillance Act.

Tainted by Spying

Several lawmakers said Hayden's role in creating the domestic surveillance program taints his nomination.

Senate Judiciary Committee Chairman Arlen Specter, a Pennsylvania Republican, has said he's considering holding hearings in concert with Hayden's confirmation process on the eavesdropping program.

Yet Democratic Senator Carl Levin of Michigan said the Senate lacks the political will to press Hayden -- and by extension the president -- on the surveillance program.

``The Senate has taken a position that no more than six or seven of us'' should be briefed on the program, said Levin, who's on the Intelligence Committee, in an interview. `` I don't know why that would change.''

Senator Trent Lott of Mississippi, a member of the Intelligence Committee, said Bush should welcome questions about the NSA eavesdropping. ``The program is a good program,'' he said in an interview. ``I am perfectly willing to have a debate on that.''

Public Divisions

Americans are divided over whether Bush should have authorized the eavesdropping without warrants, according to a Bloomberg/Los Angeles Times poll conducted April 8 to 11 among 1,357 adults. In the survey, which had a margin of error of plus or minus 3 percentage points, 48 percent said it was acceptable for Bush to authorize the surveillance program and 47 percent said it was unacceptable.

Another issue that has arisen is Hayden's military status. House Intelligence Chairman Peter Hoekstra, a Michigan Republican who usually supports the Bush administration, said Sunday that Hayden shouldn't head a civilian agency.

While Senator Susan Collins, a Maine Republican, joined Feinstein in saying Hayden may deflect criticism by resigning from the military, Negroponte said Hayden has no plans to do so. ``That is not his intention at this particular time,'' he said.

Background an Asset

Lott said Hayden's military background should be an asset in dealing with the Defense Department, which oversees most of the U.S. intelligence network. ``Sometimes it takes one of your own to tell you what you need to hear,'' Lott said in an interview.

White House officials are encouraged by their early efforts to lobby senators on Hayden's confirmation, said Bush spokesman Scott McClellan on Air Force One yesterday as Bush headed to Florida for a congressional fund-raiser.

``The president wants to see him confirmed promptly, and we're confident he's going to have strong support,'' McClellan said.



To contact the reporter on this story:
Jeff Bliss in Washington  at  jbliss@bloomberg.net

Last Updated: May 9, 2006 00:15 EDT