NY Times Editorial: Spies, Lies & Wiretaps

A bit over a week ago, President Bush and his men promised to provide the legal, constitutional and moral justifications for the sort of warrantless spying on Americans that has been illegal for nearly 30 years. Instead, we got the familiar mix of political spin, clumsy historical misinformation, contemptuous dismissals of civil liberties concerns, cynical attempts to paint dissents as anti-American and pro-terrorist, and a couple of big, dangerous lies.

The first was that the domestic spying program is carefully aimed only at people who are actively working with Al Qaeda, when actually it has violated the rights of countless innocent Americans. And the second was that the Bush team could have prevented the 9/11 attacks if only they had thought of eavesdropping without a warrant.

•

Sept. 11 could have been prevented. This is breathtakingly cynical. The nation's guardians did not miss the 9/11 plot because it takes a few hours to get a warrant to eavesdrop on phone calls and e-mail messages. They missed the plot because they were not looking. The same officials who now say 9/11 could have been prevented said at the time that no one could possibly have foreseen the attacks. We keep hoping that Mr. Bush will finally lay down the bloody banner of 9/11, but Karl Rove, who emerged from hiding recently to talk about domestic spying, made it clear that will not happen — because the White House thinks it can make Democrats look as though they do not want to defend America. "President Bush believes if Al Qaeda is calling somebody in America, it is in our national security interest to know who they're calling and why," he told Republican officials. "Some important Democrats clearly disagree."

Mr. Rove knows perfectly well that no Democrat has ever said any such thing — and that nothing prevented American intelligence from listening to a call from Al Qaeda to the United States, or a call from the United States to Al Qaeda, before Sept. 11, 2001, or since. The 1978 Foreign Intelligence Surveillance Act simply required the government to obey the Constitution in doing so. And FISA was amended after 9/11 to make the job much easier.

FULL STORY