Who Knew?

I just want to follow up a little bit on Glenn’s fine post on this blog (and on his own) in which he takes on Highpockets’ pathetic argument defending the Bush apologist war cry that revealing the NSA illegal spying scandal harmed national security.

I agree, of course, that despite the fact that Bush likes to talk about how they hide in caves, islamic terrorists aren’t cave men. They can read as well as anyone. And because they have what you might call a “particular interest” in such things, they would be more likely than 99% of Americans to know about American surveillance law and practices such as FISA, if such things concerned them.

I also agree that this alleged revelation about “switches” and “encryption” is a red herring. In the first place the Times story didn’t mention it, but even if it did, it makes no difference. All this technological information was in the public domain, as were the laws, so if any terrorist was concerned about how the US went about surveillance or the state of technology that enables it, they could have easily found out.

But none of that really matters. The NY Times story revealed nothing that would give a terrorist pause because the fact is that everyone in the world assumed that we were monitoring terrorists’ electronic communications. I assumed that. So did Osama bin Laden. I further assumed that American friends of terrorists and their friends would be monitored, too. And I have no doubt that Osama bin Laden assumed the same. But while both Osama bin Laden and I undoubtedly made exactly the same assumptions, only one of us has any interest in the NY Times revelation that the surveillance was illegal — and it isn’t Osama.

This article from the Washington Times, via Glenn, bears that out, saying that all this surveillance has resulted in no good intelligence about al Qaeda in the US.

U.S. law enforcement sources said that more than four years of surveillance by the National Security Agency has failed to capture any high-level al Qaeda operative in the United States. They said al Qaeda insurgents have long stopped using the phones and even computers to relay messages. Instead, they employ couriers.

“They have been way ahead of us in communications security,” a law enforcement source said. “At most, we have caught some riff-raff. But the heavies remain free and we believe some of them are in the United States.”

But even if that were not true and American suicide bombers were plotting their next attacks in AOL chat rooms, the government would have no trouble getting warrants to spy on them. And that’s the rub. I just don’t see any scenario in which a FISA judge would not retroactively grant a warrant in a case that thwarted a terrorist plot. Neither can I imagine that if the administration made a case to the congress that it needed to extend the 72 hour retroactive limit to three weeks (or three months!) that the GOP congress wouldn’t have gone along. Nor would they have withheld the money required to hire all the people needed to do the paperwork, or whatever the excuse of the day is. The administration would have gotten whatever it needed to legally monitor terrorist suspects. In fact, the terrorists and Anmericans alike assumed it had already done so.

Therefore, the only logical reason that the administration believed that it had to secretly and illegally spy on Americans is because they knew that Americans would not approve of which Americans they were monitoring. As Glenn says, the only security threatened by the revelations in the NY Times story is the Republican Party’s political security.

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