The NY Times Christmas Gift

Michael Barone discusses the NSA spying story and how this whole thing was a gift by the NY Time to political discussion:

The New York Times' Christmas gift -- sorry, holiday gift -- to the nation's political dialogue was its Dec. 16 story reporting that the National Security Agency has been intercepting telephone conversations between terrorism suspects abroad and U.S. citizens or legal residents in the United States.

What the Times didn't bother telling its readers is that this practice is far from new and is entirely legal. Instead, the unspoken subtext of the story was that this was likely an illegal and certainly a very scary invasion of Americans' rights.

Let's put the issue very simply. The president has the power as commander in chief under the Constitution to intercept and monitor the communications of America's enemies. Indeed, it would be a very weird interpretation of the Constitution to say that the commander in chief could order U.S. forces to kill America's enemies but not to wiretap -- or, more likely these days, electronically intercept -- their communications. Presidents have asserted and exercised this power repeatedly and consistently over the last quarter-century.
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"News stories" in the Times and other newspapers and many national newscasts have largely ignored this legal record. Instead, they are tinged with a note of hysteria and the suggestion that fundamental freedoms have been violated by the NSA intercepts.

Earlier this month, a Newsweek cover story depicted George W. Bush as living inside a bubble, isolated from knowledge of the real world. Many of the news stories about the NSA intercepts show that it is mainstream media that are living inside a bubble, carefully insulating themselves and their readers and viewers from knowledge of applicable law and recent historical precedent, determined to pursue an agenda of undermining the Bush administration regardless of any damage to national security.

And damage there almost certainly would be were the program to be ended, as many Democrats and many in the mainstream media would like. Gen. Michael Hayden, former director of NSA and now deputy national intelligence director, has come forward to say, "This program has been successful in detecting and preventing attacks inside the United States."

The Constitution, Justice Robert Jackson famously wrote, should not be interpreted in a way that makes it "a suicide pact." The notion that terrorists' privacy must be respected when they place a cell-phone call to someone in the United States is in the nature of a suicide pact. The Fourth Amendment's ban on unreasonable searches and seizures in the United States should not be stretched into a ban on interceptions of communications from America's enemies abroad.

Barone has a suggestion for the Times and others in the media:

The mainstream media, inside their left-wing bubble, evidently thinks that there is not much in the way of danger. They should take a trip to Ground Zero, to the Sept. 11 memorial at the Pentagon, to Shanksville, Pa., where the heroes of United flight 93 prevented the terrorists from hitting their target in Washington.