"And now I see that Hayden doesn't even realize that the words probable cause are in the 4th Amendment. "
You're misrepresenting what he said. What he actually said was right on the money. "Probable cause," as even some court rulings have indicated, refers only to the issuing of warrants. No warrants are needed, for example, to search you at an airport or to require you to mail in your census form.
I am misrepresenting nothing. You have to have probable cause to get a warrant or a subpeona. In this case, the NSA got data that normally requires a subpeona and probable cause. Ergo, his actions are consistent with my interpretation of his position.
Sorry to intrude. I don't know if you guys saw this
http://article.nationalreview.com/?q=ODgxN2VkMzA3MTFjNWFmNzZjNzZiODVlYzI3YTdiZTc=
Forgive me if it is old info for you guys.