Saturday, December 17, 2005

The New York Times and the NSA's Illegal Spying Operation - Time-Delayed Journalism

The first duty of the press is to obtain the earliest and most correct intelligence of the events of the time, and instantly, by disclosing them, to make them the common property of the nation. The statesman collects his information secretly and by secret means; he keeps back even the current intelligence of the day with ludicrous precautions The Press lives by disclosures For us, with whom publicity and truth are the air and light of existence, there can be no greater disgrace than to recoil from the frank and accurate disclosure of facts as they are. We are bound to tell the truth as we find it, without fear of consequences--to lend no convenient shelter to acts of injustice or oppression, but to consign them at once to the judgement of the world.

Robert Lowe, editorial, London Times, 1851.
Lowe's magnificent editorial was written in response to the claim of a government minister that if the press hoped to share the influence of statesmen it "must also share in the responsibilities of statesmen". It's a long, sad decline from what Lowe wrote in 1851 to the disclosure by the New York Times on Friday that it sat for over a year on a story revealing that the Bush administration had sanctioned a program of secret, illegal spying on US citizens here in the Homeland, by the National Security Agency.

And when it comes to zeal in protecting the Bill of Rights, between December 22, 1974 and December 16, 2005 it's been a steady run down hill for the New York Times. Thirty-one years ago, almost to the day, here's how Seymour Hersh's lead, on the front page of the NYT, began:
The Central Intelligence Agency, directly violating its charter, conducted a massive, illegal domestic intelligence operation during the Nixon Administration against the antiwar movement and other dissident groups in the United States, according to well-placed Government sources.
And here's the lead paragraph of the NYT's page one story this Friday by James Risen and Eric Lichtblau:

Months after the September 11 attacks, President Bush secretly authorized the National Security Agency to eavesdrop on Americans and others inside the United States to search for evidence of terrorist activity without the court-approved warrants ordinarily required for domestic spying, according to government officials.
Government illegality is the sinew of Hersh's first sentence. He says that that what the CIA did was illegal and that it violated the CIA's charter. What the NSA has been doing is also illegal. Its warrantless domestic eavesdropping is in direct violation of the 1978 law which came about as a direct result of Hersh's expose and the congressional hearings that followed. The eavesdropping it also violates the NSA's charter, which gives the Agency no mandate to conduct domestic surveillance.