NPRās David Folkenflik hasĀ a revealing new lookĀ at what I have long believed is one of the most important journalistic stories of the last decade:Ā The New York Timesā 2004 decision, at the behest of George W. Bush himself,Ā to suppress for 15 monthsĀ (through Bushās re-election) its reportersā discovery that the NSA was illegally eavesdropping on Americans without warrants. Folkenflikās NPR story confirms what has long been clear: The only reason theĀ TimesĀ eventually published that article was because one of its reporters, James Risen, had become so frustrated that he wrote a book that was about to break the story, leaving the paper with no choice (Risenās co-reporter, Eric Lichtblau, is quoted this way: āāHe had a gun to their head,ā Lichtblau toldĀ Frontline. āThey are really being forced to reconsider: The paper is going to look pretty badā if Risenās book disclosed the wiretapping program before theĀ Timesā).
As Folkenflik notes, this episode was one significant reason Edward Snowden purposely excluded theĀ TimesĀ from hisĀ massive trove of documents. In an interview with Folkenflik, the paperās new executive editor, Dean Baquet, describes the paperās exclusion from the Snowden story as āreally painful.ā But, as I documented in my book andĀ in recent interviews, Baquet hasĀ his own checkered historyĀ in suppressing plainly newsworthy stories at the governmentās request, including a particularly inexcusable 2007 decision, when he was the managing editor ofĀ TheĀ Los Angeles Times,Ā to kill a storyĀ based on AT&T whistleblower Mark Kleinās revelations that the NSA had built secret rooms at AT&T to siphon massive amounts of domestic telephone traffic.
In his NPR interview, Baquet insists that he has had a serious change of heart on such questions as a result of the last year of NSA revelations:
[Baquet] says the experience has proved thatĀ news executives are often unduly deferential to seemingly authoritative warnings unaccompanied by hard evidence.
āI am much, much, much more skeptical of the governmentās entreaties not to publish today than I was ever before,ā Baquet said inĀ a wide-ranging interview. . . .
Last week, Baquet told me the Snowden revelations yielded two key insights for American journalists. āFirst off,ā Baquet said, āthe public wants this information. Secondly, it does not destroy everything if the information comes outā . . . .
Baquet did say there were a few instances while he was managing editor in which heregretted holding back details from the public due to ominous warnings from intelligence officials over potential consequences. āThe government makes it sound like something really large, and in retrospect, it wasnāt quite as large,ā he said.
The Snowden revelations published inĀ TheĀ GuardianĀ andĀ The Washington Post, he said, only underscored his conviction.
āI would love to be able to tell you it wasnāt good,ā Baquet said. āBut it was great. It was important, groundbreaking work. I wish we had it.ā
Only time will tell whether Baquetās proclamations on this issue result in any actual change for the paper, but it does shed light on an important question I heard many times over the last month as we approached the one-year anniversary of the first NSA story: what has changed as a result of the last year of disclosures?
One should not expect any change to come from the U.S. government itself (which includes Congress), whose strategy in such cases is to enact the pretext of āreformā so as to placate public anger, protect the system from any serious weakening, and allow President Obama to go before the country and the world and give a pretty speech about how the U.S. heard their anger and re-calibrated the balance between privacy and security. Any new law that comes from the radically corrupted political class in DC will either beĀ largely empty,Ā or worse. The purpose will be to shield the NSA from real reform.
There are, though, numerous other avenues with the real potential to engender serious limits on the NSAās surveillance powers, including theĀ self-interested though genuine panicĀ ofĀ the U.S. tech industryĀ over howĀ surveillance will impedeĀ theirĀ future business prospects, theĀ efforts of other countriesĀ to undermine U.S. hegemony over the internet, theĀ newfound emphasis on privacy protectionsĀ from internet companies worldwide, and, most of all, theĀ increasing use of encryption technologyĀ by users around the world that posesĀ genuine obstacles to state surveillance. Those are all far, far more promising avenues than any bill Barack Obama, Dianne Feinstein and Saxby Chambliss will let Congress cough up.
But beyond surveillance and privacy, one of the goals of this NSA reporting (at least from my perspective) was to trigger a desperately needed debate about journalism itself, and the proper relationship of journalists to those who wield political and economic power. The question of whyThe New York TimesĀ was excluded from this story led toĀ a serious public examination for the first timeĀ of its decision to suppress that NSA story, which in turn led to public recriminations over the generally excessive deference U.S. media outlets have shown the U.S. government.
Obviously, that debate is far from resolved; witness theĀ endless parade of American journalistswho, without any apparent embarrassment, cheered Michael Kinsleyās decree that for publication questions, āthat decision must ultimately be made by the government.ā But Baquetās very public expression of regret over past suppression decisions, and his observation that ānews executives are often unduly deferential to seemingly authoritative warnings unaccompanied by hard evidenceā is evidence of the fruits of that debate.
That national security state officialsĀ routinely mislead and deceive the publicĀ should never have even been in serious doubt in the first place ā certainly not for journalists, and especially now afterĀ the experience of the Iraq War. That fact ā that official pronouncements merit great skepticism rather than reverence ā should be (but plainly is not) fundamental to how journalists view the world.
More evidence for that is provided byĀ aĀ Washington PostĀ columnĀ today by one of the national security stateās favorite outlets, David Ignatius. Ignatius interviewed the chronic deceiver, Director of National Intelligence James Clapper, who now āsays it appears the impact [of Snowden’s leaking] may be less than once feared because āit doesnāt look like he [Snowden] took as muchā as first thought.ā Clapper specifically casts serious doubt on the U.S. governmentās prior claim that SnowdenĀ āhad compromised the communications networks that make up the militaryās command and control systemā; instead, āofficials now think that dire forecast may have been too extreme.ā Ignatius ā citing an anonymous āsenior intelligence officialā (who may or may not be Clapper) ā also announces that the government has yet again revised its rank speculation about how many documents Snowden took: āThis batch of probably downloaded material is about 1.5 million documents, the senior official said. Thatās below an earlier estimate of 1.77 million documents.ā
Most notable is Ignatiusā summary of the governmentās attempt to claim Snowden seriously compromised the security of the U.S.:
Pressed to explain what damage Snowdenās revelations had done, the official was guarded, saying that there was ādamage in foreign relationsā and that the leaks had āpoisoned [NSAās] relations with commercial providers.ā He also said that terrorist groups had carefully studied the disclosures, turning more to anonymizers, encryption and use of couriers to shield communications.
The senior official wouldnāt respond to repeated questions about whether the intelligence community has noted any changes in behavior by either the Russian or Chinese governments, in possible response to information they may have gleaned from Snowdenās revelations.
In other words, the only specific damage they can point to is from the anger that other people around the world have about what the U.S. government has done and the fact that people will not want to buy U.S. tech products if they fear (for good reason) that those companies collaborate with the NSA. But, as usual, there is zero evidence provided (as opposed to bald, self-serving assertions) of any harm to genuine national security concerns (i.e., the ability to monitor anyone planning actual violent attacks).
As isĀ always the case, the stream of fear-mongering and alarmist warnings issued by the government to demonize a whistleblowerĀ proves to be falseĀ andĀ without any basis, and the same is true for accusations made about the revelations themselves (āIn January, [Mike] Rogers said that the report concluded that most of the documents Snowden had access to concerned āvital operations of the U.S. Army, Navy, Marine Corps and Air Forceāā āĀ AP: Lawmakers: Snowdenās Leaks May Endanger US Troopsā).Ā But none of that has stopped countless U.S. journalists from mindlessly citing each one of the latest evidence-free official claims as sacred fact.
Dean Baquetās epiphany about the U.S. government and the American media ā ānews executives are often unduly deferential to seemingly authoritative warnings unaccompanied by hard evidenceā ā is long overdue, but better late than never. Let us hope that it signals an actual change in behavior.
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