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brayton_headshot_wre_1443.jpg Ed Brayton is a journalist, commentator and speaker. He is the co-founder and president of Michigan Citizens for Science and co-founder of The Panda's Thumb. He has written for such publications as The Bard, Skeptic and Reports of the National Center for Science Education, spoken in front of many organizations and conferences, and appeared on nationally syndicated radio shows and on C-SPAN. Ed is also a Fellow with the Center for Independent Media and the host of Declaring Independence, a one hour weekly political talk show on WPRR in Grand Rapids, Michigan.(static)

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« The UN and Defamation of Religion Law. Again. | Main | MRFF Suit a Bad Idea »

Fox News and Wash. Post Join Forces on FISA, Patriot Act

Posted on: October 7, 2009 9:16 AM, by Ed Brayton

Glenn Greenwald has a fascinating essay about a Washington Post article that is little more than a press release from the Obama administration singing their praises for being able to arrest potential terrorists and prevent them from carrying out their plans while simultaneously staying within the lines of the constitution. Greenwald unloads:

The Washington Post's Anne Kornblut today produces an extreme piece of government-serving, stenographic "journalism," publishing a dubious administration press release masquerading as a lengthy news article on Obama's approach to Terrorism and civil liberties. The Post depicts Obama as heavily and heroically engaged in disrupting the alleged Najibullah Zazi domestic terrorist plot and -- repeatedly highlighting that success -- claims "the White House has been charting a delicate course as it attempts to turn the page on Bush-era anti-terrorism policies," whereby "the Obama administration is increasingly confident that it has struck a balance between protecting civil liberties, honoring international law and safeguarding the country." Here are all of Kornblut's cited sources for the article -- every last one of them -- in the order she cites them:

Obama aides pointed . . . administration officials said . . . a senior administration official said . . . officials said . . . a senior administration official said . . . senior Obama officials stressed . . . a senior administration official said . . . aides said . . . officials said . . . one senior administration official said. . . . one senior official said. . . . The official said . . . a senior administration official said . . . a senior administration official said . . . administration officials said . . . . a senior official said.

Not a single named person is cited, and there's not a syllable of quoted dissent in any of it. Virtually every sentence in the long article does nothing but praise Obama and depict him as stalwartly safeguarding America's civil liberties (unlike Bush did) even as he protects us from the dangerous Terrorists, so why is anonymity needed for that? It's nothing more than what Robert Gibbs is eager to say every day. Nor is there a hint of who these officials are, what the basis is of their knowledge, or why The Post granted anonymity, all of which are flagrant violations of the Post's own so-called "anonymity rules," which its own Ombudsman -- just six weeks ago -- complained are "routinely ignored"...

That's because what happened here is obvious: the administration wanted to issue a Press Release exploiting the fear surrounding the Zazi case to justify Obama's Bush-copying civil liberties policies (including its current demands for full Bush-era Patriot Act renewal and FISA continuation) while depicting Obama as our careful yet forceful protector. So they dispatched an official (or officials) to dictate the sanctioned administration line to Anne Kornblut. She then unquestioningly wrote it all down (after granting them anonymity) and The Post uncritically published it as a "news article." That's what Washington journalists typically mean by "reporting": we dutifully write down what government officials tell us to say -- while letting them hide behind anonymity -- and then we publish it. This morning's Post article is as egregious as it gets.

Greenwald is right. This is lazy journalism. Kornblut might as well have just allowed Robert Gibbs to ghost write the article for her. Hell, maybe she did. In reality, the Obama administration has not deviated from the Bush administration at all on these matters. They are pushing for a complete reauthorization of the Patriot Act and FISA as amended -- and made worse, not better -- by Congress last year, after Obama flip flopped on telecom immunity and virtually everything else and supported a bill he had pledged to filibuster.

Obama has zealously defended the NSA's data mining program, which is clearly unconstitutional, and continues to argue that no one has any legal standing to challenge any actions taken by the executive branch, and that even if someone could prove legal standing, the executive branch has absolute sovereign immunity against any legal challenge - never mind that FISA specifically authorizes such legal challenges for violations of that law. Greenwald points out all of that too:

The Post claims Obama is "attempt[ing] to turn the page on Bush-era anti-terrorism policies"; that "Obama discarded the term 'global war on terror,' along with some of its most controversial tools"; and "the Obama administration is increasingly confident that it has struck a balance between protecting civil liberties, honoring international law and safeguarding the country." But this is just plainly false. What has characterized the Obama administration's approach to terrorism and civil liberties, far more than anything else, is a full-scale embrace of the defining Bush/Cheney approach. The only two examples Kornblut cites to justify these claims -- that Obama jettisoned "enhanced interrogation techniques and secret prisons" -- prove little, since the formal authorization for such interrogation techniques was already withdrawn when Obama took office and secret prisons were already empty.

But even granting the significance of those first-week measures, the Obama administration has aggressively defended, justified and embraced the overwhelming bulk of Bush/Cheney Terrorism policies -- the exact ones that caused liberals and Democrats to object so vehemently over the last eight years: imprisonment with no trials, maintaining a legal black hole at Bagram, military commissions, renditions, warrantless eavesdropping, claims of state secrets to prevent judicial review of presidential lawbreaking, legal immunity for all but the lowest-level war criminals, abuse-guaranteeing Patriot Act powers, impenetrable walls of secrecy in the national security context. The very idea that Obama has been "attempt[ing] to turn the page on Bush-era anti-terrorism policies" is ludicrous: blatant administration propaganda. Even among huge numbers of Obama-supporting progressives, there has long been a consensus that Obama's Terrorism approach is defined by a full-scale embrace of the Bush/Cheney mentality. Civil liberties groups have been astonished and horrified in equal parts by the Obama record in this area...

Reining in the excesses of the Patriot Act (and, relatedly, of ever-expanding eavesdropping powers) has long been a top agenda item for civil liberties groups -- and, at least so they claimed, for Democrats generally. In fact, when Obama voted for the FISA Amendments Act of 2008 last year in the middle of the campaign, he emphatically vowed that he would "fix" the problems with the FISA framework. But right as these reforms are finally being considered, the administration seizes on the Zazi case to insist that no such changes should be made:

At the same time, the Obama administration is pressing Congress to move swiftly to reauthorize three provisions of the USA Patriot Act set to expire in late December. They include the use of "roving wiretaps" to track movement, e-mail and phone communications, a tool that federal officials used in the weeks leading up to Zazi's arrest. . . .

"The Zazi case was the first test of this administration being able to successfully uncover and deal with this type of threat in the United States," a senior administration official said. "It demonstrated that we were able to successfully neutralize this threat, and to have insight into it, with existing statutory authorities, with the system as it currently operates."

So the Obama administration has its first allegedly big Terrorism case, and they can hardly contain themselves as they exploit it to justify a continuation of the very Patriot Act and FISA powers which Democrats (and, in the case of FISA, Obama himself) long claimed to oppose. Indeed, key Obama ally Dianne Feinstein has worked diligently in the Senate not just to block Patriot Act reforms, but to make the law even worse, and has repeatedly cited the Zazi case to justify that.

Now here's the irony. Fox News comes along and takes the same position in defense of the current statutory scheme of FISA and the Patriot Act but claims that the Democrats are out to weaken those statutes and take away the most powerful tools against terrorism. And Julian Sanchez absolutely rips that argument to shreds in this video:

Here's the truth about this whole thing: The Democrats will end up rubber stamping a reauthorization of the Patriot Act and its worst provisions, led by President Obama, Diane Feinstein, Nancy Pelosi and Harry Reid. The Republicans and the right wing media will still claim that any single provision that changes those laws to add even the most meaningless safeguard is an attempt by terror-loving liberals to destroy America.

And the only ones who will be telling the truth about it without regard to partisan considerations will be consistent civil libertarians like Greenwald, Marcy Wheeler, Nat Hentoff, Julian Sanchez and other libertarians, and -- if you'll pardon the self-promotion -- me. Oh, and Russ Feingold. And maybe Chris Dodd.

But the so-called "liberal media" like the Washington Post and the right wing media like Fox News will agree on the substance, while giving it the requisite partisan spin to benefit their benefactors.

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Comments

1

Ed, This is a fantastic post with lots of good information, and a big, big reminder why we need the Internet and people like you.

Posted by: Jim Babka | October 7, 2009 9:59 AM

2

This is from the ombudsman's article that Glenn linked:

The Post has strict rules on the use of anonymous sources. They're spelled out in detail -- more than 3,000 words -- in its internal stylebook.

But some of those lofty standards are routinely ignored.
...
That's why The Post has such stringent rules. But they're not always followed.

Cue the pic of Inigo Montoya. Get that man a dictionary.

Posted by: Johnny Clamboat | October 7, 2009 10:15 AM

3

Not that this excuses anything, but how much of a factor do you consider the inevitable accusations of Terrorist-coddling, America-sabotaging treason to be in the Democrats' decision to continue the Patriot Act and FISA as is? After all, that issue was the weapon that the Repubs used to take control of pretty much the entire government for much of the last eight years, and it still gets a certain segment of the public violently riled.

Posted by: Seraph | October 7, 2009 11:10 AM

4

Seraph-

I think that's a huge factor, perhaps the key factor in the whole thing. Far from making it better, it makes it even worse in my view. That means that they know that what they're doing is constitutionally dubious but they're too cowardly to stand up for what they know is right.

Posted by: Ed Brayton | October 7, 2009 12:30 PM

5

Re #3 & #4 - Ever since conservatives came to dominate the Republican party, the Democrats have consistently applied the worst strategy imaginable when in power.

It doesn't matter what the Democrats actually do, the Republican's base are sheeple and their leaders will feed them swill, true or untrue. That gives the Democrats a ton of freedom to do the right thing and they instead act like they're constrained by the nuts on the right. Consider Whitewater and all the other trivial investigations regarding Clinton. With the advent of the Internet, the claims are even weaker and the reaction is ever more strident and shrill.

As the video above points out, the Democrats are not looking to compromise national security, but it doesn't matter whether they are or not, the Republicans will still claim Armageddon is soon at hand and their base will react. Or the base will just make shit up and send it all through the Innertubes via viral email. E.g., Did you know Barack's mom was his grandma? Michelle Obama's taking over the country with a 1st Lady staff unprecedented in American History though first she's rounding up the czars before moving out! Both are examples of what's being spread in emails and WND.

The Democrats have to start playing offense and do the right thing. Period. That makes Republican counter-rhetoric ever more insanely non-sensical, which means the base will get riled up ever more, but that base should shrink as the evidence the sky is falling becomes ever more dubious.

I continue to call out Harry Reid as the biggest wuss I think I've ever encountered in a party leader. Consider Health Care, fuck 60 votes. The Democrats should develop a bill the majority of Senatorial Dems want, Reid needs to wield power that all 60 Dems vote for cloture and then each Senator can vote their conscious on the actual bill. When did party members filibuster their own caucus to promote a special interest rather than as a moral position?

Re the Patriot Act, the issues on the table are not controversial. Do the right thing and vote on it. If the GOP wants to create a new death panel meme, let them, point at them, laugh, and then explain reality to the portion of the public that do not happen to be delusional conservative idiots. Sheesh.

Posted by: Michael Heath | October 7, 2009 12:56 PM

6

"delusional conservative idiots."

Redundant.

Posted by: steve s | October 7, 2009 2:54 PM

7

I stopped paying attention to the creationists almost a year ago. It was bad for my mental health. But I have to say, nothing has struck me as the kind of Dembski/DaveScott/Luskin/Wells/Arrington sheer, utter, idiocy as that Conservapedia program to de-liberalize the bible. That is comedy gold. That is a line of pure, uncut Tard from the heyday.

Posted by: steve s | October 7, 2009 2:56 PM

8
Kornblut might as well have just allowed Robert Gibbs to ghost write the article for her.

Just another day at WAPO. Kornblut has simply taken over "Steno" Sue Schimidt's role. It has been a lazy, crappy excuse for real journalism for years.

Posted by: NJ | October 7, 2009 4:07 PM

9

I am pretty new to this site and came over because I appreciated the take on many issues of today without all of the political posturing I see so many other places but I have to disagree with this take on Kornblut. IF this same outrage were directed at ANY of the other forms of journalism that takes Obama to task WITHOUT any direct quotes? IF this same outrage were fair & balanced? (You know like Fox News where the news LIES) then I might see this as taking journalism to task....since that doesn't happen, and I checked, then I have to call foul.
IF the Obama Admin. chooses to defend their points in this manner because NO ONE else is willing to? Then so be it but don't cry foul when this site, nor so many others including CNN/MSNBC/NBC/ABC and Wapo/ect. are so quick to twist the truth based on "sources"/

Posted by: Lynn McDaniel | October 7, 2009 4:20 PM

10

Lynn McDaniel wrote:

IF this same outrage were directed at ANY of the other forms of journalism that takes Obama to task WITHOUT any direct quotes? IF this same outrage were fair & balanced? (You know like Fox News where the news LIES) then I might see this as taking journalism to task....since that doesn't happen, and I checked, then I have to call foul.

You can't be serious. You think I go easy on Fox News and the conservative media for their distortions? Sorry, that's absurd. Fox News is so godawful that I don't even bother watching it to see how bad it is anymore. But I am a writer and a journalist myself, so I have a particular interest in how print journalists do their job, especially from a venerable paper like the Washington Post. The only thing that really matters is that my criticism of the post is accurate - and it is. This was lazy, shoddy journalism on display. The fact that conservative outlets do the same thing does not change that fact one bit.

Posted by: Ed Brayton | October 7, 2009 11:06 PM

11

Wow, you're the man.

Well done.

Posted by: blurdo | October 8, 2009 1:23 AM

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