A couple of key points:
This was January 23rd 2006, just after Hayden moved on from NSA.
As Director of the NSA from 1999-2005, Hayden implemented the post-9/11 telephone surveillance programs.
This National Press Club event in January 2005 was just as the Bush-era “Warrantless Wiretapping” scandal was starting to break.
This was prior to the amendments to the FISA law in 2008.
So Hayden is defending the Bush program at this point, he is not defending the post “Warrantless Wiretapping” program after 2007, the post FISA amendments after 2008, or the Obama program after 2009.
Whatever and whenever, the man had NO GRASP of the fourth amendment. How in the hell do you take an oath to uphold the Constitution if you don’t even know what it says?