General Hayden's CIA nomination may have violated the law

I didn't post this earlier because I wanted to confirm it more, but Sailor over at Vidiot Speak blog noted that there seems to be a law on the books that says either the Director of Central Intelligence or his deputy can be active or retired military, but not both. Since, as the blogger notes, the deputy director of the CIA is military, the director can not be (and GENERAL Hayden most certainly is).

While I was trying to confirm all of this, and from what I found the law does seem pretty clear, Sailor emailed me a new AP story that notes that the deputy director is now being moved out of his job. What AP doesn't say, or doesn't realize, is that blogger Sailor might have found the reason the guy was being moved out of the number 2 slot at CIA - Hayden's appointment might have otherwise been illegal.

Any legal minds curious to see if this is the case? If so, it's just another example of how sloppy George Bush is with his appointments to some of the most important positions in the land.