December 19, 2005

Risen's New Lows

New York Times reporters James Risen and Eric Lichtblau continued their assault on America's domestic security today in an article that sensationalizes the scope of Bush's executive order, studiously avoids the Administration's legal justification for NSA surveillance of terror suspects, and avoids addressing their own moral culpability in the almost certainly illegal leaking of classified intelligence information in on-going anti-terror operations.

Risen (who just happens to have a book coming out very soon) and Lichtblau start their article with this bit of willful misdirection:


Secretary of State Condoleezza Rice on Sunday defended President Bush's decision to secretly authorize the National Security Agency to eavesdrop on Americans without seeking warrants, saying the program was carefully controlled and necessary to close gaps in the nation's counterterrorism efforts.

To read Risen and Lichtblau today one might get the impression that any and all Americans are subject to a warrantless search. That is not the case, as Risen and Lichtblau themselves state just a few days ago:


Under a presidential order signed in 2002, the intelligence agency has monitored the international telephone calls and international e-mail messages of hundreds, perhaps thousands, of people inside the United States without warrants over the past three years in an effort to track possible "dirty numbers" linked to Al Qaeda, the officials said.

Only those people thought to be communicating and collaborating with al Qaeda terrorists overseas were subject to surveillance. Risen and Lichtblau purposefully conflate the limited number of people affected to drum up hysteria in the American people their nation is spying on them.

This is a dishonest attempt to engender fears (and no doubt advanced book sales) that a narrowly-tailored executive order targeting just a few hundred or few thousand terrorist-linked email addresses and phone numbers, is general surveillance of all citizen communications in a nation of 295 million.

Legally Blind
Risen and Lichtblau are more than willing to mention that the Foreign Intelligence Surveillance Act of 1978 (FISA) requires a court order to seek surveillance on suspected terrorists or spies, but somehow, they seem unable to find a legal precedent from 2000 entitled U.S vs. bin Laden (h/t Instapundit) that says in part:


“Circuit courts applying Keith [that's the FISA law] to the foreign intelligence context have affirmed the existence of a foreign intelligence exception to the warrant requirement for searches conducted within the United States that target foreign powers or their agents.”

While I'm no lawyer (nor do I play one on television), it would seem to me that that U.S. courts have an established judicial precedent for bypassing FISA in certain circumstances - the circumstances that two Attorney Generals, Justice Department, lawyers and White House Counsel all seem to affirm that President Bush was within his constitutional authority in addressing with his executive order to the NSA.

Other useful bits of information the Times crack reporters seem to have trouble finding—or at least reporting—were Executive Order 12333 issued while Ronald Reagan was in office, stipulations of FISA itself, and the President's constitutional authority, as noted by Hugh Hewitt:


Overlooked in most of the commentary on the New York Times article is the simple, undeniable fact that the president has the power to conduct warantless surveillance of foreign powers conspiring to kill Americans or attack the government. The Fourth Amendment, which prohibits "unreasonable" searches and seizures has not been interpreted by the Supreme Court to restrict this inherent presidential power. The 1978 Foreign Intelligence Surveillance Act (an introduction from a critic of the Act is here) cannot be read as a limit on a constitutional authority even if the Act purported to so limit that authority.


"Further, the instant case requires no judgment on the scope of the President's surveillance power with respect to the activities of foreign powers, within or without this country."

That is from the 1972 decision in United States v. United States District Court for the Eastern District of Michigan et al, (407 U.S. 297) which is where the debate over the president's executive order ought to begin and end. The FISA statute can have no impact on a constitutional authority, any more than an Act of Congress could diminish the First Amendment protection provided newspapers. Statutes cannot add to or detract from constitutional authority.

In short, a truthful, competent year-long investigation of President Bush's executive order regarding surveillance of terror suspects should have reflected the legal basis from which the authority was drawn.

It is a shame that honest reporting, or for that matter, the safety of the American people, are of little apparent concern for the Times and its reporters.

Posted by: Confederate Yankee at 02:12 AM | Comments (25) | Add Comment
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December 14, 2005

Did NY TImes Bias Lead to "Wishful Thinking" On Bogus Forged Ballots Story?

Late last night, the NY Times decided to run a story alledging major ballot fraud on the eve of the Iraqi elections:


Less than two days before nationwide elections, the Iraqi border police seized a tanker on Tuesday that had just crossed from Iran filled with thousands of forged ballots, an official at the Interior Ministry said.

The tanker was seized in the evening by agents with the American-trained border protection force at the Iraqi town of Badra, after crossing at Munthirya on the Iraqi border, the official said. According to the Iraqi official, the border police found several thousand partly completed ballots inside.

The official, who spoke on the condition of anonymity because he was not authorized to speak publicly, said the Iranian truck driver told the police under interrogation that at least three other trucks filled with ballots had crossed from Iran at different spots along the border.


But there is one problem with the Times article... the single-sourced story appears to be totally false:


The head of Iraq's border guards denied police reports on Wednesday that a tanker truck stuffed with thousands of forged ballot papers had been seized crossing into Iraq from Iran before Thursday's elections.

"This is all a lie," said Lieutenant General Ahmed al-Khafaji, the chief of the U.S.-trained force which has responsibility for all Iraq's borders.

"I heard this yesterday and I checked all the border crossings right away. The borders are all closed anyway," he told Reuters.


The NY Times, bastion of the liberal press in America, appears to have pulled a Mary Mapes, wishing a story to be true instead of verifying it to be true.

Pinch... you have some explaining to do.

Note: Cross-posted to Newsbusters.org.

Posted by: Confederate Yankee at 07:14 AM | Comments (24) | Add Comment
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December 06, 2005

WaPo Writer Seriously Injured in Collision with Reality

Washington Post Staff Writer Daniela Deane was seriously injured Monday in a collision between media arrogance and reality, when a disdainful article she wrote about Secretary of Defense Donald Rumsfeld was impacted forcefully by a pair of sidebar items that refused to yield to stop for her partisan sarcasm.


Rumsfeld, speaking at Johns Hopkins University's School of Advanced International Studies in Washington, delivered a blistering attack on the U.S. media, saying that in the present 24-hour news cycle, events in Iraq can be reported too quickly and without context.

He said there was a "jarring contrast between what the American people are reading and hearing about Iraq and the views of the Iraqi people." The Iraqi people and the U.S. military deployed in the country, he said, were optimistic about the progress of the war there.

"Which view of Iraq is more accurate?" Rumsfeld asked. "The pessimistic view of the so-called elites in our country or the more optimistic view of millions of Iraqis and some 155,000 U.S. troops on the ground?

Caught in mid-article as her disdain increased, Deane was first hit by a contextless sidebar screeching "2,000 Deaths in Iraq" towing a death map. As her mangled syntax came to a rest, another sidebar blaring "U.S. Fatalities" hit her head on, crushing her with under a tangle of jagged irony.

Guarded by a point well-proven, Rumsfeld was uninjured in the collision.

Posted by: Confederate Yankee at 02:13 PM | No Comments | Add Comment
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December 01, 2005

Which President Were They Protesting?

This is CNN:



The caption claims that, "a protestor watches a presidential helicopter fly overhead," but I have a simple question for CNN and the Associated Press... president of what?

The helicopter pictured above is a CH-46 Sea Knight, which doesn't even remotely look like the Sikorsky VH-3D flown by Marine Helicopter Squadron One and used to transport President Bush, pictured here:



The helicopter in the CNN/AP photo has twin main rotors. Marine One, the helicopter used in presidential transport, has one main rotor, with a much smaller tail rotor.

While dramtic license certainly makes for a dramatic photo, I have ask again: Which president were they protesting? It certainly wasn't ours.

Posted by: Confederate Yankee at 09:16 PM | Comments (4) | Add Comment
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