"His confirmation should not be about whether you're for or against the NSA program."

Said Jane Harman, the ranking Democrat on the House Intelligence Committee, of the nomination of Mike Hayden to head the CIA. But won't it be? It's the Senate that must confirm Hayden:

Critics [of the NSA program] -- many of whom are members of the Senate -- charge the surveillance program is a violation of law and an assault on civil liberties.

Hayden has defended the program, insisting it is a necessary tool to thwart terrorists and that the process of obtaining warrants is too slow and cumbersome to deal with "a lethal enemy."

Well, really, why isn't this the perfect occasion to hash it out about the program? If it is not made a central issue in the confirmation, I think I'm going to assume that the critics believe that airing the issue will hurt them.