"Probable Cause" not found in Fourth Amendment (not)

Gen. Michael Hayden, former head of the N.S.A., is out on the hustings with a dog and pony show as part of Bush bamboozalpalooza to make us buy into his domestic spying agenda. Among other things, Hayden speaks of the standard of proof required for the program:

The standard laid out by General Hayden - a "reasonable basis to believe" - is lower than "probable cause," the standard used by the special court created by Congress to handle surveillance involving foreign intelligence.

General Hayden said that warrantless searches were conducted when one of a "handful" of senior officers at the security agency determined that there was a "reasonable belief" that one party to a call between someone in America and someone overseas had a link to Al Qaeda.

He uses this to explain why the administration couldn't operate under the F.I.S.A. standards:

But General Hayden said that the difference in the legal standards also played an important role in determining whether to go to the FISA court or not.

The 1978 law allows the agency to seek a warrant up to 72 hours after wiretapping begins when speed is of the essence. But even in an emergency, General Hayden said, the law required that the attorney general approve a wiretap before it could begin. But "the attorney general's standard," he said, "is a body of evidence equal to that which he would present to the court," meaning that an emergency application would also have to show probable cause.

He said avoiding the F.I.S.A. court was Constitutional because:

...the lower, "reasonable belief" standard conformed to the wording of the Fourth Amendment, asserting that it does not mention probable cause, but instead forbids "unreasonable" searches and seizures.

Seems he hasn't read the Fourth Amendment recently. Here it is:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." [emphasis added]

It's just amazing how these guys can say "up" is "down" and "left" is "right" with a completely straight face and still get away with it.

Update: Even when confronted with it, Hayden denies the 4th Amendment uses the words "probable cause." I guess no one can read in this administration. Take a look at this interchange at Atrios' site.