William Tate, writing in the American Thinker, notes the Times’ partisan double-standard on Executive branch electronic surveillance:

The controversy following revelations that U.S. intelligence agencies have monitored suspected terrorist related communications since 9/11 reflects a severe case of selective amnesia by the New York Times and other media opponents of President Bush. They certainly didn’t show the same outrage when a much more invasive and indiscriminate domestic surveillance program came to light during the Clinton administration in the 1990’s. At that time, the Times called the surveillance “a necessity.”

When you see one of these over Manhattan, Washington, or San Francisco, be sure to thank the New York Times for publishing its December expose of NSA surveillance of terrorist communications.

Terrorists read the papers too, and have responded to the Timely warning by switching to disposable cell phones. ABC News reports today:

(1/13/06) – Federal agents have launched an investigation into a surge in the purchase of large quantities of disposable cell phones by individuals from the Middle East and Pakistan, ABC News has learned.

The phones which do not require purchasers to sign a contract or have a credit card have many legitimate uses, and are popular with people who have bad credit or for use as emergency phones tucked away in glove compartments or tackle boxes. But since they can be difficult or impossible to track, law enforcement officials say the phones are widely used by criminal gangs and terrorists.

“There’s very little audit trail assigned to this phone. One can walk in, purchase it in cash, you don’t have to put down a credit card, buy any amount of minutes to it, and you don’t, frankly, know who bought this,” said Jack Cloonan, a former FBI official who is now an ABC News consultant.

Law enforcement officials say the phones were used to detonate the bombs terrorists used in the Madrid train attacks in March 2004.

“The application of prepaid phones for nefarious reasons, is really widespread. For example, the terrorists in Madrid used prepaid phones to detonate the bombs in the subway trains that killed more than 200 people,” said Roger Entner, a communications consultant.

The FBI is closely monitoring the potentially dangerous development, which came to light following recent large-quantity purchases in California and Texas, officials confirmed.

In one New Year’s Eve transaction at a Target store in Hemet, Calif., 150 disposable tracfones were purchased. Suspicious store employees notified police, who called in the FBI, law enforcement sources said.

In an earlier incident, at a Wal-mart store in Midland, Texas, on December 18, six individuals attempted to buy about 60 of the phones until store clerks became suspicious and notified the police. A Wal-mart spokesperson confirmed the incident.

The Midland, Texas, police report dated December 18 and obtained by ABC News states: “Information obtained by MPD [Midland Police Department] dispatch personnel indicated that approximately six individuals of Middle-Eastern origin were attempting to purchase an unusually large quantity of tracfones (disposable cell phones with prepaid minutes attached).” At least one of the suspects was identified as being from Iraq and another from Pakistan, officials said.

“Upon the arrival of officers, suspects were observed moving away from the registers appearing to evade detection while ridding themselves of the merchandise.”

Other reports have come in from other cities, including Dallas, and from authorities in other states. Authorities in Pennsylvania, New York and other parts of Texas confirmed that they were alerted to the cases, and sources say other jurisdictions were also notified.

Here is the theory of governance advanced by the New York Times reporter James Risen, explaining (to Katie Couric on the Today Show) why the Times’ 12/16 NSA terrorist surveillance story had to be published:

RISEN: Well, I—I think that during a period from about 2000—from 9/11 through the beginning of the Gulf—the war in Iraq, I think what happened was you—we—the checks and balances that normally keep American foreign policy and national security policy towards the center kind of broke down. And you had more of a radicalization of American foreign policy in which the—the—the career professionals were not really given a chance to kind of forge a consensus within the administration. And so you had the—the—the principles (sic)—Rumsfeld, Cheney and Tenet and Rice and many others—who were meeting constantly, setting policy and really never allowed the people who understand—the experts who understand the region to have much of a say.

COURIC: You suggest there were a lot of power-grabbing going on.

Mr. RISEN: Yes.

Mr. Risen clearly subscribes to an idiosyncratic school of Constitutionalism in which real governing authority is based upon “expertise” and “centrism,” and reposes in the hands of career bureaucrats, who are entitled to take drastic measures (even compromising National Security by leaking to the Press, if necessary) to defend their policy-making prerogative against usurpation by mere temporarily elected amateurs. Michael Barone also had some sarcastic things to say about this on Monday.
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The Times was not inhibited from proceeding with this story, either by a request to refrain from publishing information injurious to National Security in time of war by the President of the United States, or by consideration of the questionable motives and psychological health of their informant Mr. Tice.

Tice, Risen, the New York Times and its editor and publisher have all committed very serious crimes.

As was already pretty darned clear, Russell Tice today is revealed to be at least one source for the New York Times’ NSA Flap story.

Tice Admits Being a Source for The New York Times

The same day The New York Times broke the story of the NSA eavesdropping without warrants, Tice surfaced as a whistleblower in the agency. He told ABC News that he was a source for the Times’ reporters. But Tice maintains that his conscience is clear.

“As far as I’m concerned, as long as I don’t say anything that’s classified, I’m not worried,” he said. “We need to clean up the intelligence community. We’ve had abuses, and they need to be addressed.”

The NSA revoked Tice’s security clearance in May of last year based on what it called psychological concerns and later dismissed him. Tice calls that bunk and says that’s the way the NSA deals with troublemakers and whistleblowers. Today the NSA said it had “no information to provide.”

ABC video

NSA letter to Tice
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Background on Tice here and here.

Iowahawk reveals more unconstitutional warrantless surveillance:

NY TIMES: CLAUS OK’D ILLEGAL SURVEILLANCE

The New York Times reported today that Polar authorities are engaged in a secret program to conduct warrantless monitoring of private communications and activities among U.S. minors. Anonymous sources within the State Department and Central Intelligence Agency said the program, codename “Operation Coal Lump,” dates as far back as 1879, and received approval at the highest echelon of Polar administration, including President Santa Claus himself.

The disclosure of the program sparked an immediate furor among civil libertarian organizations and brats right groups. ACLU spokesman Dan Knaggs said “that chill in the air isn’t December—it’s Big Brother Kriss Kringle unconstitutionally watching, and following, and evaluating your every move.”

Josh Cleland, 9, a spokesboy for the Council For Misbehaving Americans, decried the program as “a looming threat to the economic rights of millions of young Americans, many of whom may be guilty of nothing more than a wedgie or Indian burn of self defense.”

Cleland added that “Stop hitting yourself, retard. Stop hitting yourself, retard.”

At an afternoon press conference, Claus angrily defended the secret youth surveillance program, saying that “with limited toy inventories, it is critical that we know who has been naughty and nice.” He also called for an investigation into the leak, saying that “by revealing sources and methods, it has put thousands of our covert elves at risk for BB gun violence and worse.”

J. Peter Mulhern, at American Thinker, debunks the premises underlying the fabricated NSA Flap:

The NSA flap has very little potential to hurt President Bush and every serious player among his enemies must know that…

You can’t sustain a scandal by revealing the shocking truth that the President of the United States is doing his job. He isn’t ashamed of gathering intelligence on our deadly enemies and nobody who doesn’t already loathe President Bush will blame him for it. It takes some scandalous material to make a scandal. There may, for example, be a scandal when the President sodomizes an intern in the Oval Office. Whatever the President and the First Lady may do in the family quarters after hours, it isn’t going to cause a scandal.

But, but, I hear them sputter, the President violated the law. He bypassed the checks and balances Congress wisely provided when it established the secret FISA court. Isn’t that enough to get him in serious hot water?

No. All the arguments about whether FISA applies to wartime intelligence gathering are so much pettifogging pedantry. FISA is a model of opaque draftsmanship. Don’t take my word for it, try to read it yourself.

Good luck.

It is certainly possible to read FISA as attempting to limit President Bush’s power to intercept al Qaeda communications. It is also possible to read it more modestly. In the last analysis, however, FISA is beside the point.

If FISA tries to restrict the President’s power to spy on our enemies during a state of war that Congress itself proclaimed then FISA is blatantly unconstitutional. Only a fool or a traitor would suggest that Congress can constitutionally require that the President play “Mother-may- I” with a motley collection of judges before intercepting enemy communications in wartime.

Congress can no more empower judges to make decisions about how we gather intelligence than it could empower them to decide what targets our Air Force should bomb or what streets our troops should patrol.

There is nothing complicated about this. The President is Commander in Chief. He makes the military decisions. He decides, with the advice of his subordinate commanders, when and where the United States government should gather intelligence because that is a military decision…

FISA may instruct the President to consult a panel of judges before listening to enemy communications. If it does it is unconstitutional, null, void and asinine.

When Congress violates the Constitution by trying to hamper the legitimate exercise of executive authority the President has both the right and the duty to ignore it. Which brings us to the second reason that the NSA nonscandal will sink without a trace.

There won’t be any riveting hearings, trials or judicial decisions to keep the NSA pot boiling because the President’s determination about the scope of his own constitutional authority to gather military intelligence is not subject to any meaningful review. With the advice of the Attorney General and his other lawyers the President has decided that he is constitutionally empowered to authorize the NSA program which is currently under attack. For all practical purposes that decision is final.

Ralph Peters, in the New York Post, tells democrats and their MSM allies promoting the ersatz NSA scandal:

Stop lying. Show us the victims.

Name one honest citizen who has been targeted by our intelligence system. Name one innocent man or woman whose life has been destroyed. Come on, Nancy. Give it up, Howard. Name just one.

Can’t do it? OK. Let’s dispense with the partisan rhetoric and reach for the facts:

Has a single reader of this column suffered personally from our government’s efforts to defend us against terrorists? Have any of your relatives or even your remotest acquaintances felt our intel system intrude into their lives?

That’s what I always ask the group-think lefties. Not one has ever been able to answer “Yes.”

The same big-lie politicians attacking the president’s efforts to uncover plots against America by monitoring terrorist communications will be the first to shriek that the War on Terror has failed when we’re attacked again.

They want it both ways: Drop our defenses, then blame Bush when terrorists strike

Primary Colors author, Joe Klein, writing in Time, predicts that democrats will inevitably pay the price for their partisan games-playing on issues of National Security:

House minority leader Nancy Pelosi, the California Democrat, engaged in a small but cheesy bit of deception last week. She released a letter, which quickly found its way to the front page of the New York Times, that she had written on Oct. 11, 2001, to then National Security Agency director General Michael V. Hayden. In it she expressed concern that Hayden, who had briefed the House Intelligence Committee about the steps he was taking to track down al-Qaeda terrorists after the 9/11 attacks, was not acting with “specific presidential authorization.”

The release of Pelosi’s letter last week and the subsequent Times story (“Agency First Acted on Its Own to Broaden Spying, Files Show”) left the misleading impression that a) Hayden had launched the controversial data-mining operation on his own, and b) Pelosi had protested it. But clearly the program didn’t exist when Pelosi wrote the letter. When I asked the Congresswoman about this, she said, “Some in the government have accused me of confusing apples and oranges. My response is, it’s all fruit.”

A dodgy response at best, but one invested with a larger truth. For too many liberals, all secret intelligence activities are “fruit,” and bitter fruit at that. The government is presumed guilty of illegal electronic eavesdropping until proven innocent…

It would have been a scandal if the NSA had not been using these tools to track down the bad guys. There is evidence that the information harvested helped foil several plots and disrupt al-Qaeda operations.

There is also evidence, according to U.S. intelligence officials, that since the New York Times broke the story, the terrorists have modified their behavior, hampering our efforts to keep track of them—but also, on the plus side, hampering their ability to communicate with one another.

...liberal Democrats are about as far from the American mainstream on these issues as Republicans were when they invaded the privacy of Terri Schiavo’s family in the right-to-die case last year.

But there is a difference. National security is a far more important issue, and until the Democrats make clear that they will err on the side of aggressiveness in the war against al-Qaeda, they will probably not regain the majority in Congress or the country.

Time reports:

Angered by recent leaks of information about sensitive intelligence operations, CIA Director Porter Goss is redoubling efforts to get his spooks to keep their mouths shut. At staff meetings last week, CIA managers at the agency’s Langley, Va., headquarters told employees that the leaking had got out of control and needed to stop. “They’re exercised about it and are trying to do what they can to clamp down,” a former senior CIA official tells TIME…

there are efforts within the government to identify leakers. The Justice Department is investigating who gave away the NSA secrets. While such probes rarely succeed, the department’s new willingness to subpoen a reporters and their records could change that. And the CIA has a group of mostly retired officers on contract to read news stories that contain classified material and try to uncover their sources. This may be the toughest spook work. Over the years, the unit, nicknamed “the leak chasers” by some agency hands, has been able to finger only a few talkers. But it has an enthusiastic—and active—backer in Goss. He told TIME in June that he had made dozens of leak-investigation referrals. “Virtually every day I can pick up a paper and find somebody who is an anonymous source,” he said. “That is willful. And it seems to me there ought to be a penalty for that.”

It can’t be terribly hard to identify the leakers. One could start by subpoenaing the reporters who published information received from unidentified offficials.

Scott Johnson, one of the three attorneys publishing the Power Line blog, discusses the New York Times’ violation of federal law 18 U.S.C. § 798:

Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information—
(1) concerning the nature, preparation, or use of any code, cipher, or cryptographic system of the United States or any foreign government; or
(2) concerning the design, construction, use, maintenance, or repair of any device, apparatus, or appliance used or prepared or planned for use by the United States or any foreign government for cryptographic or communication intelligence purposes; or
(3) concerning the communication intelligence activities of the United States or any foreign government; or
(4) obtained by the processes of communication intelligence from the communications of any foreign government, knowing the same to have been obtained by such processes—
Shall be fined under this title or imprisoned not more than ten years, or both.

the Times’ inconsistency in its positions on leaking and the Law, and the unlikeliness of the Times getting away with it.

VIPS-hunter extraordinary Clarice Feldman is on the job at American Thinker identifying the connections between the Veteran Intelligence Professionals for Sanity (VIPS) organization and Russ Tice:

Tice is a member of a group formed in August 2004 called National Security Whistleblowers. Here’s their website.

But if you look at the NSW group you may notice that the founder, director and chief spokesperson of the group is Sibel Edmunds. She has faced a real uphill battle in her struggle with the FBI, which dismissed her. And her story about why she was fired from the FBI has a number of variations, although she, like Wilson/Plame, numbers among the darlings of the Bushitler crowd.

Then look at the group’s list of members. Along with more familiar names like Daniel Ellsburg, you’ll see Lt. Col. Anthony Shaffer on the list. You’ll also find Ray McGovern and Larry Johnson. These are members of VIPS, the group that encouraged intelligence agents to leak, shopped Wilson and his story (Johnson was in the agency with Plame and is close to her.) As I noted earlier here, they seem to have been behind much of the Plame/Wilson story. I smell the same public relations/media campaign .The same phony claims of maltreated government employees. If Tice was a source for Risen, and it’s not clear he was, the reporter was certainly casting a broad net. For as Mr. Gertz notes in his article:

“Mr. Tice said yesterday that he was not part of the intercept program.”

The only significant difference between the original Plame/Wilson scandal and the revival at NSA is that the same folks who moaned about a major intelligence breach that had to be punished when Valerie Wilson’s desk job at the CIA hit print are now openly supporting a leaker and claiming he is entitled to protections — even though he hasn’t gone through the channels established by law.

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Rick Moran at RWNH agrees with the hypothesis I lean to myself: that Tice is the spook who had the information, and who could be persuaded by the VIPers managing the Anti-Bush Intel Operation to leak the NSA story to the New York Times. I would also suppose that the letters from Tice to the Congressional Intelligence Committees in the news today were a key part of their plan, intended to get him off the prosecutorial hook by offering the not-very-subtle hint that he is entitled to be immunized as a “whistleblower” to Congress, disclosing Watergate-style Executive Branch crimes, not a deservedly discharged stalker seeking personal revenge on his former agency, even at the price of damaging National Security.

He probably already told the New York Times, and now he wants to tell Arlen Spector and a room full of salivating democrats all about it. Chances are this is a tactic of desperation, a final gesture expressing the futile hope that Congress is going to save him from being prosecuted for breaking the law and gravely injuring National Security. The Washington Times reports:

A former National Security Agency official wants to tell Congress about electronic intelligence programs that he asserts were carried out illegally by the NSA and the Defense Intelligence Agency.

Russ Tice, a whistleblower (sic – should be: “traitor”) who was dismissed from the NSA last year, stated in letters to the House and Senate intelligence committees that he is prepared to testify about highly classified Special Access Programs, or SAPs, that were improperly carried out by both the NSA and the DIA. “I intend to report to Congress probable unlawful and unconstitutional acts conducted while I was an intelligence officer with the National Security Agency and with the Defense Intelligence Agency,” Mr. Tice stated in the Dec. 16 letters, copies of which were obtained by The Washington Times.

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And here’s the supposedly conservative Washington Times in lockstep with the rest of the MSM, calling this character a “whistleblower” instead of calling him leaker and a traitor.
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RussTice 1

RussTice 2

Russ Tice 3

Russ Tice Letters to Congressional Intelligence Committees

National Security Whistleblowers Coalition

Sibel Edmonds

Liberty Coalition
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AJStrata links MacRanger, who suggests an explanation for the behavior which led to Tice being fired:

this Tice guy was harassing this poor woman. What set him off is a mystery. But I bet you she either showed him up once and embarrassed the hell out of him, or he had some ‘feelings’ for her and was not happy when he was rebuffed – most likely in an embarrassing way.

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Tom Maguire, meanwhile, has also been covering all this.
—————————————————————Hat tip to Scott Johnson at Power Line.

Clarice Feldman, in her latest, is experiencing schadenfreude at the plight of the New York Times.

Patrick Godfrey thinks the administration’s months of passivity in the face of countless opposition leaks and attacks might really be Karl Rove’s most diabolical maneuver yet:

As a long time Boxing fan and as a student of the Sweet Science, it was thrilling to watch Muhammad Ali in his prime and in particular, his patented “Rope a Dope” strategy. In the later rounds, when his opponent was particularly aggressive, Ali would back against the ropes and cover up his head and mid-section as his opponent would unleash a barrage of punches. Many of those punches would be absorbed by his arms and gloves, but occasionally some would get through. He would take some punishment as his foe would be a blur of activity, the blows coming nearly non-stop as it appeared Ali might be in trouble, on the ropes and covering up, not fighting back. His opponent would be feeling good, seemingly scoring at will, his punches hitting a man on the ropes. Eventually however, even the best conditioned fighter would become arm weary, and take a step back to rest.

This would be the moment Ali was waiting for.

Ali would come off the ropes swinging, his rested arms pounding his worn out opponent. Sure, he was on the ropes and took a few shots, but it was all part of a strategy. Once his opponent had spent himself, Ali would go in for the knockout. Now Politics isn’t Boxing and care must be taken to avoid specious analogies. That being said let me point out some things.

Like you, I have been worrying and wondering what has been going on at the RNC.

For months, I have listened to a constant refrain of; Bush Lied, Quagmires, imagined scandals and that “He doesn’t have a plan”.

I would read, with a growing sense of anxiety, daily updates of doom and gloom. Rising Troop losses, one sided reporting. A defensive posture and Bunker-like mentality was the order of the day.

Seemingly prodded by Maverick House Members and its increasingly alarmed base, the White House is finally firing back. Along with this new offence have come rising poll numbers which, lets face it, were approaching Carter-Like numbers.

It has puzzled me for a long time, why hasn’t the White House fired back on this stuff? Some of it was so easy to refute it was almost a “gimme” for the other side. A quick trip back to the Front Pages of only 2 years ago would have been enough for some of the more egregious whining.

Then it struck me, could this all be on purpose?

Finally.

The U.S. Justice Department has launched an investigation to determine who disclosed a secret NSA eavesdropping operation approved by President George W. Bush after the September 11 attacks, officials said on Friday.

“We are opening an investigation into the unauthorized disclosure of classified materials related to the NSA,” one official said.

Earlier this month Bush acknowledged the program and called its disclosure to The New York Times “a shameful act.” He said he presumed a Justice Department leak investigation into who disclosed the National Security Agency eavesdropping operation would get under way.