December 30, 2005

What Plamegate Hath Wrought

The Left and the media (two ways of saying the same thing) demanded an investigation when someone legally leaked the name of Joe Wilson's non-covert CIA spouse. The result was a witch hunt which resulted in only a single indictment -- and that raising the issue of perjury rather than wrongdoing in making public Valerie Plame's role in selecting her husband for a trip to Nigeria.

So should it be any surprise that the leaking of truly sensitive national security information would be investigated?

The Justice Department has opened a criminal investigation into recent disclosures about a controversial domestic eavesdropping program that was secretly authorized by President Bush after the Sept. 11, 2001, attacks, officials said yesterday.

Justice prosecutors will focus their examination on who may have unlawfully disclosed classified information about the program to the New York Times, which reported two weeks ago that Bush had authorized the National Security Agency to monitor the international telephone calls and e-mails of U.S. citizens and residents without court-approved warrants, officials said.

The Justice Department's decision to reveal the opening of a criminal investigation is rare, particularly given the highly classified nature of the probe. Deputy White House press secretary Trent Duffy told reporters in Crawford, Tex., yesterday that Justice "undertook this action on its own" and that Bush had only learned about it from senior staff earlier in the day.

But Duffy reiterated earlier statements by Bush, who had sharply condemned the disclosure of the NSA program and argued that it seriously damaged national security.

"The fact is that al Qaeda's playbook is not printed on Page One, and when America's is, it has serious ramifications," Duffy said, reading from prepared remarks. "You don't need to be Sun Tzu to understand that," he added, referring to the ancient Chinese general who wrote "The Art of War."

Leak investigations generally begin with a referral to the Justice Department by the agency in question -- in this case the NSA -- which prompts a preliminary inquiry by prosecutors to determine whether a crime has been committed. The opening of a criminal investigation signals that prosecutors believe that laws barring disclosure of classified information by government officials were broken. It is likely to be a full-blown probe involving FBI agents and Justice investigators.

Now that seems perfectly reasonable -- especially given the impact of the leak on national security. Who could possibly object?

The American Civil Liberties Union Friday criticized a new Justice Department leak probe.

The Justice Department announced earlier Friday that it was launching an investigation into the disclosure of a secret National Security Agency domestic eavesdropping operation approved by President George W. Bush without specific legal or congressional authorization.

In a letter to Attorney General Alberto Gonzales, the ACLU has called for the appointment of a special counsel to determine whether Bush violated federal wiretapping laws by authorizing illegal surveillance of domestic targets.

ACLU Executive Director Anthony D. Romero said, "President Bush broke the law and lied to the American people when he unilaterally authorized secret wiretaps of U.S. citizens. But rather than focus on this constitutional crisis, Attorney General Gonzales is cracking down on critics of his friend and boss. Our nation is strengthened, not weakened, by those whistle-blowers who are courageous enough to speak out on violations of the law.

"To avoid further charges of cronyism, Attorney General Gonzales should call off the investigation," Romero said. "Better yet, Mr. Gonzales ought to fulfill his own oath of office and appoint a special counsel to determine whether federal laws were violated."

Mr. Romero, please quit giving aid and comfort to the enemies of the United States and start giving a damn about the safety and seurity of American citizens during time of war. Attorney General Gonzales is fulfilling his oath of office by conducucting an investigation of the breaking of federal laws -- specifically those which forbid the disclosure of classified information related to national security to unauthorized individuals. The actions of the administration are legal and differ not one bit from activities conducted by every administration since at least Jimmy Carter, based upon the president's constitutional role as commander in chief.

UPDATE: One of the many fine pieces on the net defending the NSA program.

MORE AT Stop the ACLU, California Conservative, Crazy Politicos, Is It Just Me?, Conservative Dialysis, The Museum of Left-Wing Lunacy, ReidBlog

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