Hayden wins confirmation as CIA chief in lopsided vote

WASHINGTON -- Gen. Michael Hayden won confirmation to be the 20th CIA director Friday in a lopsided Senate vote, placing a career Air Force officer in charge of the civilian spy agency that is grappling with intelligence reform at home as well as al-Qaida and other international threats.

The Senate approved Hayden in under three weeks by a vote of 78-15. He is expected to be sworn in next week.

Breaking with the White House, Senate Judiciary chairman Arlen Specter voted against the four-star general. The Pennsylvania Republican said he was protesting the administration's failure to inform Congress of intelligence operations, particularly its warrantless surveillance program.

"I have no quarrel with General Hayden," Specter said on the Senate floor.

President Bush called Hayden a patriot and dedicated public servant whose experience makes him the right choice to head the CIA at a critical time.

"Winning the war on terror requires that America have the best intelligence possible, and his strong leadership will ensure that we do," Bush said of Hayden in a written statement.

For just over a year, Hayden served as the top deputy to National Intelligence Director John Negroponte. He was National Security Agency director for the six years prior to that, beginning in 1999.

Through that role, Hayden became a key figure in the debate about Bush's post-9/11 directive ordering the NSA to monitor -- without court approval -- the calls and e-mails of Americans when one party is overseas and terrorism is suspected. Hayden's defenders say he was relying on the advice of top government lawyers.

Sen. Russ Feingold, D-Wis., who voted against Hayden, praised his ability to distill complicated issues into clear briefings for policymakers. But Feingold said he has a problem with the Bush administration's surveillance, which he considers illegal.

"My concerns were about this administration's attitude about the law, which Gen. Hayden adopted," Feingold said in an interview. "That is unacceptable to me."

On Friday, Vice President Dick Cheney said at the Naval Academy's commencement that the program is "fully consistent with the constitutional responsibilities and the legal authorities of the president." He called the program "essential."

Hayden, 61, is the first military officer to run the CIA in 25 years, when retired Adm. Stansfield Turner was in charge.

Some lawmakers questioned whether now is the right time for a uniformed officer to head the CIA, as the Pentagon takes on an increasingly dominant role in intelligence collection and analysis.

At his confirmation hearing, Hayden sought to assure lawmakers he would be independent from his military superiors, but he said he would consider how his uniform affects his relationship with CIA personnel. If it were to get in the way, he said, "I'll make the right decision."

The administration had to fill the CIA position after the sudden resignation on May 5 of Director Porter Goss, who had disputes with Negroponte and Hayden over the agency's direction.

Senate Intelligence Committee Chairman Pat Roberts, R-Kan., considers Hayden "eminently qualified." He said most of his committee's members are not too concerned about Hayden or his relationship to the NSA program.

"He is probably recognized by Congress as the best briefer and the best person who has ever come to a hearing on intelligence," Roberts said.

The intelligence committee this week also approved a bill that lays out the intelligence budget for 2007. Much of the bill, released publicly Friday, remains classified.

In the 53-page public portion, the committee instructs the president to release the total spending each year on intelligence. The number traditionally has been classified, and open-government advocates have sued to get it.

However, last year, a senior intelligence official inadvertently disclosed at a conference that the total spending was $44 billion.