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Has the New York Times Violated the Espionage Act?
Commentary Magazine ^ | March 2006 | Gabriel Schoenfeld

Posted on 02/02/2006 3:22:56 PM PST by Anti-Bubba182

“Bush Lets U.S. Spy on Callers Without Courts.” Thus ran the headline of a front-page news story whose repercussions have roiled American politics ever since its publication last December 16 in the New York Times. The article, signed by James Risen and Eric Lichtblau, was adapted from Risen’s then-forthcoming book, State of War.1 In it, the Times reported that shortly after September 11, 2001, President Bush had “authorized the National Security Agency [NSA] to eavesdrop on Americans and others inside the United States . . . without the court-approved warrants ordinarily required for domestic spying.”

Not since Richard Nixon’s misuse of the CIA and the IRS in Watergate, perhaps not since Abraham Lincoln suspended the writ of habeas corpus, have civil libertarians so hugely cried alarm at a supposed law-breaking action of government. People for the American Way, the Left-liberal interest group, has called the NSA wiretapping “arguably the most egregious undermining of our civil liberties in a generation.” The American Civil Liberties Union has blasted Bush for “violat[ing] our Constitution and our fundamental freedoms.”........"

(Excerpt) Read more at commentarymagazine.com ...


TOPICS: Extended News; News/Current Events; War on Terror
KEYWORDS: alqaeda; alqaida; benedictarnold; cia; cialeak; democrats; espionage; espionageact; fifthcolumn; homelandsecurity; intelligence; leaking; leaks; nationalsecurity; nsa; nyt; nytimes; portergoss; rattreason; rattricks; rockerfeller; spying; topsecret; traitor; treason; unamerican; waronterror; waronterrorism; wiretapping; wot
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21 posted on 02/02/2006 5:14:43 PM PST by eureka! (Hey Lefties and 'Rats: Over 3 more years of W. Hehehehe....)
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To: Anti-Bubba182
Re: Same as in 2, but with better spelling.

And here I thought you had used some really nasty words!!!!

22 posted on 02/02/2006 5:25:10 PM PST by Bender2 (Stop doodling around... Read the first three chapters of my Science Fiction novel.)
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To: dinok
I think the New York Times owner and the editorial staff should be in prison for divulging national defense secrets in the middle of a war.

SECOND that - I have been posting ever since Dec 16, 2005 that Pinchy Sulzberger and Risen should be frog marched off to prison. We don't need no trial they're undeniable proof they are traitors is in the paper.

23 posted on 02/02/2006 5:30:22 PM PST by p23185 (Why isn't attempting to take down a sitting Pres & his Admin during wartime considered Sedition?)
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To: Ernest_at_the_Beach
was adapted from Risen’s then-forthcoming book, State of War.1 In it, the Times reported that shortly after September 11, 2001, President Bush had “authorized the National Security Agency [NSA] to eavesdrop on Americans and others inside the United States . . . without the court-approved warrants ordinarily required for domestic spying.”

Unless Grannie is talking with al-Qaeda to plot and murder Americans ... WE AIN'T SPYING ON HER

I wish they would report the facts

24 posted on 02/02/2006 5:40:26 PM PST by Mo1 (Republicans protect Americans from Terrorists.. Democrats protect Terrorists from Americans)
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To: Anti-Bubba182
Maybe the Old York Times was protecting themselves rather than President Bush for the past year withholding this story. With their team of lawyers they have to know they were breaking the law but decided to go ahead to pump the book and hurt Bush. Too bad for them the American people agree with Bush!

Pray for W and Our Freedom Fighters
25 posted on 02/02/2006 5:45:00 PM PST by bray (Jack Bauer '08)
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To: bray
What the times might have asked their lawyers is, "Is this legal or in other words can we get away with this?".

They know they can always throw a fit for the sake of the 1st Amendment and tie the goverment in knots with legal maneuvers.

Maybe there is a long shot chance a Grand Jury will hear this. It is a hell of a lot more serious than the Valerie Plame leak.

26 posted on 02/02/2006 5:55:30 PM PST by Anti-Bubba182
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To: jecIIny; CasearianDaoist; headsonpikes; beyond the sea; E.G.C.; Military family member; ...
My reading of the unexerped complete article would scarcely give comfort to a Times reporter or executive.

IMHO the fundamental problem with our First Amendment jurisprudence is the extent to which journalism has succeeded, by calling itself "the press" (as if book publishing were not "the press" and as if government-licensed broadcasters who couldn't exist without the censorship of competion were "the press") in establishing itself as being judicially regarded as seperate from "the people."

Thus, Congress can pass, the president can sign, and the supreme court can ratify McCain-Feingold - which explicitly grants establishment journalism superior rights above those of people who have not yet exercised their constitutional right to start a newspaper. It is nothing but arrogance, and devoutly do we hope that Justices Roberts and Alito constitute a 2-0 vote rejecting that concept and overturning the 5-4 precedent in which their predecessors split 1-1 to uphold McCain-Feingold.


27 posted on 02/02/2006 5:58:12 PM PST by conservatism_IS_compassion (The idea around which liberalism coheres is that NOTHING actually matters but PR.)
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To: Anti-Bubba182
Not since Richard Nixon’s misuse of the CIA and the IRS in Watergate

The "usual suspects" didn't seem to make much noise when the Clintoons were using the IRS in an attempt to intimidate their political enemies.

28 posted on 02/02/2006 6:04:28 PM PST by HP8753 (My cat thinks Mark Dayton is a flake)
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To: Ernest_at_the_Beach; Dog Gone; tubebender; dalereed; Czar; sergeantdave
In answer to the title of this thread... I don't know for sure about the leaning leftist tower of the Times, but I strongly believe that who, or whomever LEAKED classified stuff to them has violated the act and should be prosecuted to the fullest extent possible.

Of course these days, then, the Times will cover the story of the prosecution with snearing and smearing of the law enforcers, constantly dissing and putting down any hostility expressed toward these acts as nefarious silliness by those concerned with winning a war and keeping the secrets necessary to do so!!!

You all know how it goes... I'm certainly not revealing any great paramount revelations at this moment!!!

29 posted on 02/02/2006 6:10:14 PM PST by SierraWasp (GovernMental EnvironMentalism... America's establishment of it's unconstitutional State Religion!!!)
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To: Grampa Dave
Has the New York Times Violated the Espionage Act?

When haven't they?

30 posted on 02/02/2006 6:11:54 PM PST by beyond the sea (Cal Thomas: If only Robert Bork had cried ...................)
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To: dinok

It will never happen but should. No Congressional Com. will ever take on the Post or the Times. And the Left will always whistle up the Free Speech baloney. It would be brave if a Fed. attorney would indict the Times on this very thing, just to get the paper in a court to explain itself. But, that will never happen. The only thing that will bring down the Post and Times is for bloggers, Talk Radio and the alternative media exposing their anti-American Left wing bias on a daily level.


31 posted on 02/02/2006 7:02:38 PM PST by phillyfanatic
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To: Ernest_at_the_Beach
Hopefully these scum bags will be more then just nervouse after a few of them get tagged. As we all have been saying this crap just has to stop. Thanks for the ping. Been doing things elsewhere such as developing program scripts so that I can control squads of Rangers as we rove through burned out cities in France during WWII in the Medal of Honor game. Sort of a nice break. I can get a half squad (fire team) to assemble and hold, regroup after fire fights, advance ahead of me on roads, into buildings, through bombed out rubble, follow behind me with some intellegience, and if I tell them I can point to enemy concentrated in a given area and have them lay down covering fire. Quite wild stuff to say the least. So as you can see, I have not been living at FR of lately. But do log in to check the lastest stuff.
The scripting program for MOH is much like C++. Quite powerfull to say the least.
32 posted on 02/02/2006 7:19:06 PM PST by Marine_Uncle (Honor must be earned)
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To: Grampa Dave
Hey Dave! Thinking cap on.
I suppose it takes a bit of time to obtain warrants, legal protocols and all but I think the leaker or leakers and the media just messed with the wrong agency.
This started out as a leak to embarrass and defame the president. However the leaker stepped way across the line and has made media personalities and perhaps media institutions co conspirators vulnerable to prosecution.
Now, what will Justice do with whatever case presented?
33 posted on 02/02/2006 7:22:18 PM PST by BIGLOOK (Order of Battle: Sink or capture as Prize, MS Media)
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To: Ernest_at_the_Beach
Many thanks for the ping and link.

This is an important and very interesting article.

34 posted on 02/02/2006 8:52:06 PM PST by nopardons
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To: HP8753

Nor when JFK and LBJ did.


35 posted on 02/02/2006 8:53:57 PM PST by nopardons
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To: dinok

Don't forget that Risen character. He belongs in jail, too.


36 posted on 02/02/2006 9:01:43 PM PST by Purrcival (See Cindy. See Cindy flop. Flop, Cindy, flop!)
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To: Marine_Uncle
Damn....doing some good stuff I see!

Only thing I was semi-competent at was Assembler, Cobol and Sysgens of MVS!!!
37 posted on 02/02/2006 9:10:09 PM PST by Ernest_at_the_Beach (History is soon Forgotten,)
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To: Marine_Uncle
Oh and JCL ....did a lot of that and setting up benchmarks with TSO/ SPF!!!

Did a lot of that!
38 posted on 02/02/2006 9:11:43 PM PST by Ernest_at_the_Beach (History is soon Forgotten,)
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To: nopardons

Pretty historical and heavy reading....I need to go thru it again!


39 posted on 02/02/2006 9:12:40 PM PST by Ernest_at_the_Beach (History is soon Forgotten,)
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To: Ernest_at_the_Beach

Yes, yes, and so do I.


40 posted on 02/02/2006 9:45:59 PM PST by nopardons
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