Reconsidering the Christiane Amanpour question

Way back in January, NBC’s [tag]Andrea Mitchell[/tag] was interviewing New York Times reporter [tag]James Risen[/tag], discussing Bush’s warrantless-search program, which Risen helped expose. Mitchell, mid-way through the interview, asked, “You don’t have any information, for instance, that a very prominent journalist, [tag]Christiane Amanpour[/tag], might have been eavesdropped upon?”

It seemed like an odd question, the kind she wouldn’t have asked unless she had some reason to believe CNN’s Amanpour had been spied on. The story got even more intriguing when the MSNBC website edited the transcript of the Mitchell/Risen interview, removing only the exchange about Amanpour, while leaving the rest of the interview intact.

Eventually, the NSA denied the whole thing, NBC never reported on any follow up, and the political world moved on. But Faiz at Think Progress noted today that that the question is worth asking again in light of recent revelations.

The response [CNN’s David] Ensor received from the [tag]NSA[/tag] related specifically to eavesdropping — i.e., the monitoring of the contents of a [tag]phone call[/tag]. According to a report today from ABC’s Brian Ross the NSA is tracking [tag]reporters[/tag]’ phone records — but not the contents of their phone calls — in an effort to root out confidential sources. If the ABC story is true, it raises the question of whether Amanpour’s — or any other journalist’s — phone records were monitored by the NSA.

There may have been a time, perhaps a couple of years ago, this would fit in the “tin-foil hat” category. Given what we’ve learned of late, the question seems completely reasonable.

For that matter, Josh Marshall (via ET in comments) helps pull it all together.

I think part of the issue for many people on the administration’s various forms of surveillance is not just that some of activities seem to be illegal or unconstitutional on their face. I think many people are probably willing to be open-minded, for better or worse, on pushing the constitutional envelope. But given the people in charge of the executive branch today, you just can’t have any confidence that these tools will be restricted to targeting terrorists.

Start grabbing up phone records to data-mine for terrorists and then the tools are just too tempting for your leak investigations. Once you do that, why not just keep an eye on your critics too? After all, they’re the ones most likely to get the leaks, right? So, same difference. The folks around the president don’t recognize any real distinctions among those they consider enemies. So we’d be foolish to think they wouldn’t bring these tools to bear on all of them. Once you set aside the law as your guide for action and view the president’s will as a source of legitimacy in itself, then everything becomes possible and justifiable.

Exactly.

Lately I really want to just start calling random numbers across the middle east and see what happens. Provided no black helicopters appear, that is.

  • From “A Man For All Seasons”

    Sir Thomas More: Yes! What would you do? Cut a great road through the law to get after the Devil?

    William Roper: Yes, I’d cut down every law in England to do that!

    Sir Thomas More: Oh? And when the last law was down, and the Devil turned ’round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man’s laws, not God’s! And if you cut them down, and you’re just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I’d give the Devil benefit of law, for my own safety’s sake!

  • It’s remarkable just how much what would have been considered tin-foil hat theory a few years ago is making it into the headlines and everyday news. Scary, in fact.

  • Ah crap, I forgot again. All the better to get myself in the force of habit.

    ITMFA

    ITMFA

  • It will be interesting to see Bob Woodward’s reaction to this story. Perhaps he can’t believe his good friends at the White House are actually tapping his phones? Does it bring a sense of deja vu for him?

    Or is he just satisfied to sit on his bags of cash that he earned by befriending White House political folks and writing what are essentially real time press releases on their behalf?

    That said, this just goes to show that Woodward and many of the Washington press have been far too close and in bed with the White House in the last few years with little to show for it other than a misguided sense of patriotism.

  • The anti-imperialist movement that developed in America in response to the Spanish-American war (Carl Schurz, Sam Gompers, William James, Bryan, etc.) pointed out that when a government treats a ‘subject’ people in an imperialistic way, it is a simple step to treat ones own people in the same way. I read this in the 70’s and was shocked at how well it described the Vietnam War and the activities of the Nixon administration. It fits perfectly now also.

    You are either with us or against us.

  • I find the more specific details the Bushistas lay out in any given program, the more reliably you can bet that they’re doing exactly the opposite.

    “Now, by the way, any time you hear the United States government talking about wiretap, it requires — a wiretap requires a court order. Nothing has changed, by the way. When we’re talking about chasing down terrorists, we’re talking about getting a court order before we do so. ”

    translates into:

    “We’re not getting any court orders to do this. Ever.”

    “We’re only tracking international calls”

    translates into:

    “We’re tracking domestic calls”

    “We’re only collecting a database of phone numbers, we’re not actually listening in to the calls”

    translates into:

    “We’re created the largest database in the workld to listen in and permanently record every conversation”

    “We only track the bad guys, the Al Qaeda terrorists”

    translates into:

    “We’re tracking all US citizens”

    See how easy that is to figure out?

  • Adding to the temptation is the fact that any international reporters worth their salt are likely to have phoned people who, if not terrorists themselves, at least talk to terrorists or their supporters from time to time. Thus reporters are likely to have shown up legitimately during data-mining and/or eavesdropping, so anyone who is caught investigating reporters’ phone records has a ready-made excuse.

    I imagine that the people running these programs will also end up trading with friendly foreign intelligence agencies, if they haven’t already: “Like you, we’re not supposed to eavesdrop on our own citizens. However, here’s what we’ve found out by eavesdropping on your citizens. Wanna trade?”

  • Even after a day of this and many comments across many blogs, there appears to be no mention at all at CNN, NYT, Washington Post, and other news sites. It only appears at the blotter section of ABCNewsOnline.

    This silence speaks volumes about the news media’s emasculation and lack of testicular fortitude in investigating this story and other stories.

    And the news media wonders why readers are abandoning them? Dumbasses, all of them.

  • I don’t honestly think there are any more “tinfoil hats” — nor have there been for years. Those of us who were accused of wearing tinfoil hats thought the worst. We were right. And we admit that we still don’t know the half of it!

  • Since the administration has turned us all into “tinfoil hat” paranoiacs, it’s safe to assume the NSA is eavesdropping on domestic calls. How else to determine definitively whether a government employee is “leaking” information that is damaging or embarassing to the press? This can’t be the worst of it though.

    Oh, and like Rian … ITMFA.

  • Don’t worry it’s all very legal. The Blotter is now reporting that the FBI has acknowledged using National Security Letters to get access to reporters phone records. Doesn’t that make everyone feel so much better. Kevin and Josh have more.

  • The FBI is not off the legal hook even if it did use National Security Letters. Those are governed by Title 18, Section 2709, which says in pertinent part:

    (b) Required Certification.— The Director of the Federal Bureau of Investigation, or his designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, may—
    (1) request the name, address, length of service, and local and long distance toll billing records of a person or entity if the Director (or his designee) certifies in writing to the wire or electronic communication service provider to which the request is made that the name, address, length of service, and toll billing records sought are relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely on the basis of activities protected by the first amendment to the Constitution of the United States; and

    (2) request the name, address, and length of service of a person or entity if the Director (or his designee) certifies in writing to the wire or electronic communication service provider to which the request is made that the information sought is relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution of the United States.

    Is the administration willing to try to prove — in court, if need be — that whistleblowing leakers and the reporters who rely on them are engaging in “international terrorism or clandestine intelligence activities” and not “activities protected by the first amendment to the Constitution of the United States”?

    Given the administration’s obvious effort to keep some of its more out-there efforts from getting in front of a judge, I’m skeptical it would try. And given those efforts, I’m even more skeptical that it would win if it did try.

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