Think Progress � Former NSA Director Hayden Lied To Congress And Broke The Law:
As Think Progress documented back in December, Hayden misled Congress. In his 10/17/02 testimony, he told a committee investigating the 9/11 attacks that any surveillance of persons in the United States was done consistent with FISA.
At the time of his statements, Hayden was fully aware of the presidential order to conduct warrantless domestic spying issued the previous year. But Hayden didn’t feel as though he needed to share that with Congress. Apparently, Hayden believed that he had been legally authorized to conduct the surveillance, but told Congress that he had no authority to do exactly what he was doing. The Fraud and False Statements statute (18 U.S.C. 1001) make Hayden’s misleading statements to Congress illegal.