Carnal Reason

In 2002 both the New York Times and Newsweek reported that cumbersome legalities related to the Foreign Intelligence Surveillance Act of 1978 prevented crucial dots from being connected, which could have stopped the 9/11 plot. Federal Judge Royce Lamberth’s criticisms and investigation of the FBI official charged under FISA with preparing FISA warrant requests had essentially shut down the process in the critical pre 9/11 period. This, in fact, was the reason why the agency had not sought a warrant to view the contents of Moussaoui’s computer, a search which as we now know might have prevented 9/11. Indeed, the Joint Senate and House Intelligence Committee report detailed just that.

The FBI’s failure to obtain a warrant to search Zacharias Moussaoui’s computer spawned its own whistleblower (and Time Magazine co-Person of the Year), Minneapolis FBI agent Coleen Rowley. Rowley became the darling of the media and the left for essentially accusing the President of failing to ignore the very legalities which are now trumpeted as being outrageously violated by him. Once again, the left and its media allies demonstrate their “damned if you do, damned if you don’t” stance toward George W. Bush. It is hypocrisy of a high order.

But the New York Times’ hypocritical arrogance in printing the NSA story was matched by its doomed effort in the Plame case to argue there was a First Amendment right to refuse to respond to the subpoena issued by the Special Prosecutor. A Special Prosecutor whose appointment it had demanded to investigate the non-outing of a non-covert agent, a matter with absolutely no national security implications; a matter which was, in fact, not criminal at all.

They lost that case as we know. And they will lose on that very precedent any effort to refuse to reveal their sources in this matter of the NSA secrets. I expect their sources, who face criminal prosecution, will not waive any promise of confidentiality, and the New York Times reporters will talk or go to jail. Because executive editor Bill Keller and publisher Arthur “Pinch” Sulzberger may well have been involved in the story and know the identity of the sources, and have refused to answer questions from their own ombudsmen, public editor Byron Calame, they too could be subpoenaed and compelled to testify or else endure jail time.

Clarice Feldman, in The American Thinker

Sulzberger in jail? I hope to see the day, but doubt I will. I suspect Mr. Sulzberger would sing like a canary.

Posted on January 3rd, 2006 by pwyll
Filed under: law, politics