"The Senate has a constitutional obligation to vigorously question this controversial nominee, and they should hold General Hayden's feet to the fire," said Anthony D. Romero, ACLU Executive Director. "We urge the committee to break through the stonewalling that we have seen thus far. The rule of law was broken under General Hayden's watch and Congress is entitled to honest answers about what led to illegal wiretapping and how extensive the violations of Americans' rights have been."

The ACLU is also asking for the Inspector General to investigate the Justice Department's participation in the NSA surveillance program:

The ACLU has also called on Inspector General Fine at the Justice Department to investigate that department's involvement in illegal NSA spying program. The IG's involvement is necessary given that the Justice Department's Office of Professional Responsibility has been denied the required security clearances to conduct its own investigation into the warrantless eavesdropping program. Attorney General Gonzales has rejected repeated calls for the appointment of a special counsel to investigate the program.