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Re: Eric Lichtblau's Unpersuasive Defense

May 20, 2008

Lawrence R. Velvel.

Re: Eric Lichtblau's Unpersuasive Defense Of The New York Times' Failure To Print His Story On The NSA's Illegal Electronic Spying In October 2004 - -A Time When The Story Could And Probably Would Have Resulted In Bush Losing The Election And Could Have Spared The Country Immense Disasters And Grief.

Before I left for Germany not quite three weeks ago, I read Eric Lichtblau's recent book, Bush's Law. I planned to write a blog about a crucial aspect of it, but got temporarily sidetracked by reading, and then writing a blog about, Lynne Olson's work, Troublesome Young Men. Perhaps this was in a way fortuitous because one aspect of Olson's book was relevant to, was a precursor of, what I wanted to write about in connection with Lichtblau's work. The relevant aspect was the fact that in the 1930s the British media was largely in the hip pocket of the appe asing Chamberlain Governm

That relevant fact is relevant because of two items regarding the performance of the American media in recent years. One such item is the horribly incompetent and totally credulous performance of the American media in swallowing, hook, line and sinker, and propagating, the Bush Administration's phony reasons for launching the Iraq war, and thereby facilitating that now-five-year-old-with-no-end-in-sight war. This awful media performance was led, of course, by the New York Times, which sets the pace in the media world. The Times has, inde

The second matter is the newspaper's failure, in mid to late October, 2004, to run its already prepared story about the Bush/Cheney inspired, illegal NSA electronic spying. This failure was almost surely responsible for enabling Bush to win a second term instead of being defeated by the huge uproar that would have resulted from the story had it been published -- and which did result when it finally was run over a year too late, in December 2005. The failure to run the story in October 2004 thus bears extensive responsibility for the disasters which have come pouring upon us because of the reelection of Bush/Cheney.

Despite my view that the Times is a priceless national resource, it strikes me as a legitimate question to wonder whether all of the Times' disclosures of one horrid Bushian scandal after another in the last few years can make up for the paper's culpability in credulously allowing Bush's bullshit to take us into the Iraq war, and to then allow Bush to be reelected -- and to thereby continue the war and all the imperial presidency policies of the Bush/Cheney era -- by not running the story on the NSA spying before the November 2004 election. The Times plainly failed the duty of the free press, remarked by Justice Black in the Pent

Lichtblau was one of the two New York Times reporters who uncovered and wrote the story about the illegal NSA spying that was ready in October 2004 but was not published until December 2005. (The other reporter was James Risen.) For a long time it generally was not widely known whether the story had been ready before the 2004 election - - that information was long known only to very few people although others, like myself, developed (and wrote about) suspicions arising from the wording of statements of attempted exculpation issued by the Times editor, Bill Keller, when the story wa

Well, Lichtblau does bend over backwards to exonerate the Times and its editor, Keller. He does the best he can in this regard, but in the last analysis his lengthy attempted exoneration is unconvincing.

In the last analysis it is just too obvious from what Lichtblau writes that the Times and Keller gave in to administration pressure, ignored the lessons of history, including the Times' own history in the Pentagon Papers case, and, in effect, sold the American people down the river in October 2004 because of misplaced willingness to once again believe a pack of nearly unmitigated administration liars and because of politically inspired fear of harsh consequences to themselves and their paper if they ran the story. the Times malperformance, which Lichtblau gen erously attempts to portr

Lichtblau concedes in his book that after 9/11 the media "were no doubt swept up in [the] "national mood of fear and outrage" (p.11), and its normal skepticism "abandoned many of us when it came to matters of terrorism." (P.15.) The media thus paid no attention to, was not interested in, matters that should have invoked outrage, like sweeping innocent people off the street on bogus charges and holding them for weeks or months. Precisely when Lichtblau thinks this media credulousness finally ended is not exactly clear, though he says that when Times editors and reporters were debating whether to run the NSA story in late October and early November 2004, the administration "had not yet suffered the kind of crippling body blows to its credibility that it

Lichtblau's failure to state precisely when administration credibility was lost is symptomatic of a continuous fault in the book that greatly increases the difficulty of assessing the situation. One has noticed in books by reporters that they - - unlike what lawyers are trained to do - - tell stories without focusing much on the dates when things occurred. One often has to look back ten or fifteen pages to know the time frame involved, and sometimes one is hard pressed to figure it out even then. Reporters' books seem to go back and forth in time without explaining the chronological switches. Th is problem affects to som

Nonetheless it can be said that, for pages on end, Lichtblau describes the full court press (pun?) the administration constantly put on the Times not to publish the story, a full court press that, from October 2004 until December 2005, would ultimately involve "Bush and ten senior advisers in the White House and the intelligence community (who made) personal pleas not to run the story." (P.194.) "[T]he Times," says Lichtblau, "had rarely faced the kind of full-throated pleas to kill a story that it would confront over the NSA program" (Ibid.) "I've never had a case where the government raised suc h strident claims, at suc

And, "[o]n nearly every central point, Bush's advisors bolstered their case with assertions that, ultimately, proved misleading or simply untrue." (P.195.) Such misleading and untrue claims involved the supposed absence of debate on legality within the administration, the Department of Justice always signing off on the program's legality, the supposed lack of any concerns on the part of the very small number of legislators who had [to some extent] been briefed, the supposed existence of controls against abuse, that publishing the story would cause the program to have to be discontinued immediately, and the claims that phone

Within the Times there was debate, in late October and early November 2004 on whether the story should be published. "Jim [Risen]and I thought the story should run," which was expectable since they wrote it. (P.196). Two of the editors, "Bill Keller and Phil Taubman [,] weren't so certain," though Keller said that if the story were ready before the election, it would run then. (P.197.) But Keller "had questions, including the central one: whether, as the administration so urgently insisted, the story would harm national security if it if it were published." (P.197.)
So the story was not published in October or November, 2004, probably the worst president in history was reelected, and the story was dead for awhile.

After the election Lichtblau now and again asked questions of legislators about the matter -- Jane Harman was very discomfited by his questions -- but what brought the story back to life was not any sudden resolution by Keller or Taubman to do the right thing even though the horse was out of the barn (i.e., the disaster, Bush, was now reelected). Rather, it was resurrected for different reasons. Risen was seriously thinking of putting it in a book he was writing and told this to the editors (who were thus going to be scooped by one of the paper's own reporters). (Pp. 202-203.) To Risen, the ques tion of publishing or not

Also, it began to become clear from sources that the administration had lied to the newspaper when persuading it not to run the story in 2004. (P. 203.) (One of the persons who lied flatly and horridly to Lichtblau (who does not mention it) was Jack Goldsmith, who in his own book wrote, amazingly, of baldly lying to Lichtblau in October 2004 (three months after he left government), a time when we know that Lichtblau was trying to pin down certain details that would affect possible publication, such as whether anyone in government had thought the program illegal. Goldsmith had thought it violently illegal, and had worked extensively to try to cure the illegality, b

Then the White House strung along the newspaper for almost another two weeks -- during which it apparently persuaded the Times to order Lichtblau and Risen to "‘stand down'" from their inquiries one weekend (p. 209) -- but Lichtblau fortuitously found out a bit later that the administration was considering "seeking a Pentagon Papers-type injunction . . . to stop publication of the NSA story." (P. 210.) This "was a bombshell" that "all but made the decision on the timing for us." (P. 210.) The editors determined to publish and, to forestall an inju nction that would stop th

* * * * *

As I hope you could tell, Lichtblau, as said, tries to support the editors' decision not to publish for over a year. He defends the editors as acting in good faith and desiring to be careful journalists. He even says, in defending the initial decision not to publish, that reporters "have a built-in backstop, a check and balance, and its called the editor." (P. 196.)

But Lichtblau's effort fails for two reasons. The less important one concerns the criticism the paper received for allegedly engaging in a last minute ploy to affect the election by publishing a story about the failure to protect munitions in Baghdad. This was obviously on the editors' minds. While Lichtblau claims it shows that a story that was solidly based wouldn't be delayed by the editor to avoid hurting Bush in the election, the context of Lichtblau's tale causes one to think the opposite is true. For the context necessarily causes one to suspect that the question of whether the story woul d be considered to be suf

The other, far more important reason relates to the fact that Keller's "central question" was "whether, as the administration so urgently insisted, the story would harm national security." (P. 197.)

Today, over 3½ years later, we know that they almost surely were right who argued early on that (as Lichtblau himself seems to have thought) the NSA story would cause no harm to the U.S. because Al Qaeda had to already have been concerned for other reasons entirely that its electronic communications were likely being intercepted and that it had to take steps to ensure that the interception would not injure or destroy it. But let me nonetheless put this to one side, and discuss instead only what Keller and the other editors should have recognized on the basis of knowledge of the Bush administration that the Times must h

What the Times had to have known by October 2004 was that the Bush administration could not be trusted because fact after fact showed it would say and do anything to accomplish its ends, regardless of how dishonest or immoral its statements or
conduct were. Here are just a few of the matters showing this that were in the public domain by October 2004, most or all of them having been written about, and some even having been initially disclosed, by the Times itself. (I am confident of the timing here because I took the relevant matters from blogs I wrote in the spring and summer of 2004. Many of the blogs, most of them really, got the information from the Times itself.) By October 2004 it was known -- and often had been known for a pretty long time - - that:

  • The administration had lied about WMDs.
  • It had made a horrible misassessment of the manpower required for Iraq, had wrongly claimed it could succeed on the cheap, and had not recognized that Saddam could, as he did, prepare a guerrilla war.
  • It had fired General Shinseki for telling the truth about the manpower that would be needed.
  • It had fired Larry Lindsay for saying the war would cost far more than the administration claimed.
  • Torture memos had been produced.
  • Torture had been used.
  • Prisoners had been killed.
  • Innocent people had been swept off the streets and kept in jail for long periods.
  • Secret prisons abroad were being used.
  • Renditions were being engaged in for purposes of torture.
  • Military tribunals had been created because the administration knew that evidence had been gotten by torture and coercion that precluded successful prosecutions in civilian criminal courts.
  • The administration claimed the Geneva Conventions did not apply.
  • Chalabi was a bust.
  • George Tenet was an incompetent and a liar.
  • Valerie Plame had been unlawfully outed.
  • Bush was a nonreading, incurious fundamentalist zealot.
  • Prisoners had recanted because statements were elicited by torture.
  • Prisoners were held incommunicado for years.
  • The administration was deeply secretive.

There is an old saying in this country that is a comment on a person's lack of truthfulness: "Would you buy a used car from this man?" Well, with all the above having become known by mid to fall 2004, would you have bought a used car from George W. Bush or his administration? They were all known to be untrustworthy, deeply secretive, often deceitful people. Yet despite what already was known about them, Keller was worried that their statements about the NSA program were true? -- that the program was absolutely essential for national security? that everyone in government thought it legal (by the way, there is no statement in Lichtblau's book that the Times sough

It is obvious, as it has been for a long time for reasons discussed here previously, that Keller has awful judgment. The defense provided for him by Lichtblau -- that he was worried about claims the Times would jeopardize national security -- won't wash because, if it is true, it is simply another sign of Keller's horrible judgment. One can almost guarantee that, if it were the unpopular Howell Raines asserting the defense, instead of the popular Bill Keller, he would be out on his ass in the proverbial New York minute.

In addition to showing credulous bad judgment in October and November of 2004, the pertinent editors ignored lessons of history, including the Times' own history. Lichtblau says that "Few episodes in the history of the Times, or for that matter in all of journalism, had left as indelible a mark" as the Pentagon Papers case (p. 210), so that learning in late 2005 that the administration was considering seeking a Pentagon Papers type of injunction "was a bombshell" that "helped seal the decision" to publish. (Ibid.) Well, it is sarcastic to say so, but one is of course delighted that over a year after the most important horse was out of the barn -- Bush was reelected - - t

As well, how come Keller and company did not remember that the Times helped foster disaster when, in 1961, it went along with Kennedy's request not to print a story that would have disclosed, and nullified the possibility of, the forthcoming Bay of Pigs invasion, which turned out to be such a disaster that Kennedy later remarked that he wished the Times had ignored his request to suppress the story?

How come the editors did not remember that during World War II the Times vastly downplayed, gave only some small back of the book treatment to, the holocaust, which it, like the British and American governments, knew was occurring. It barely ran this news because the Jewish owners of the paper thought it might increase American anti-Semitism, but one result for sure of not running the story was that this contributed to the Nazis continuing to unmolestedly operate their six-million-dead death camps. That suppression of a story was a real winner, huh?

How come the editors did not remember that their predecessors' credulousness with regard to the writing of one of the Times' own reporters, Herbert Mathews, led to falsely glowing reports to the American people about the Castro of the Sierra Maestra, and for that matter, a Times reporter named Walter Duranty had issued similarly glowing, credulous reports about Stalin and Russia in the 1930s. And none of this is even to mention the previously discussed credulousness of Judith Miller, Michael Gordon and the editors in signing up for and taking the lead in propagating Bush's bullshit about WMDs, which got us into the Iraq war.

And how come the Times' editors forgot to remember, in October and November 2004, that the government had lied for years on end about Viet Nam, that the Nixon administration had lied like a rug about Watergate for as long as it could, that Clinton had lied and dissembled as had his ("I'm no Tammy Baker standing up for her man") wife?

How come all these lessons of journalistic history -- lessons teaching journalists to be very skeptical of, indeed to often and largely disbelieve, governmental statements -- were ones that Bill Keller and Phil Taubman forgot to remember? The country and the journalism profession being ahistorical, it is possible that one or two of the lessons may not have been known to the editors. But most must have been known to them, so lack of knowledge is not why they forgot to remember. The true reason, one would think, is simple: unreasoning -- and misplaced -- fear of politically inspired adverse consequence s if they printed a story

The lesson-teaching episodes of journalistic history mentioned above are ones which, as opined earlier, should be taught in every journalism school and history department. More immediately, they, and the disastrous episodes of the Times credulousness about WMDs and the failure to publish in October/November 2004, show that the relevant lessons have not necessarily been absorbed, at least not sufficiently, and that the judgment of Bill Keller can be terrible in the crunch. And so might be Taubman's and Arthur Sulzberger's, to the extent they were involved with and supported these derelict actions. Personally, as said here before, I think that Keller and Sulzberg have shown themselves ine pt in the crunch and shou

You know, people sometimes ask me why, or comment on the fact that, I am so hard on the Times and Harvard. The answer to the question or comment is simple. These two institutions stand at the pinnacle of two vital American institutions, the media and the universities. All over the country people follow their lead. When either of these two institutions act incompetently, dishonestly or unethically, the lead they give, the trend they set, which others follow, is one of incompetence or unethicalness. It is no different than if, for example, the Mayo Clinic were to begin setting an example of unethical conduct in medicine (an

It is true that this is a country where losing football and basketball coaches, incompetent university presidents, corporate titans who bring disaster on their companies, and wacked out editorialists who are often or usually wrong if not absurd, go from strength to strength -- they keep their jobs, get lucrative new ones, and/or get fantastically lucrative golden parachutes. But all of this is bad and wrong. When people fail, or fail in the crunch, they should go. Period. Nor can all the penance in the world substitute for the vast mistakes discussed here, mistakes without which there would have been fewer, or few, policies requiring penance after mistakes were found to have been made

*************

This posting represents the personal views of Lawrence R. Velvel. If you wish to comment on the post, on the general topic of the post, or on the comments of others, you can, if you wish, post your comment on my website,
VelvelOnNationalAffairs is now available as a podcast. To subscribe please visit VelvelOnNationalAffairs.com, and click on the link on the top left corner of the page. The podcasts can also be found on iTunes or at www.lrvelvel.libsyn.com

In addition, one hour long television book shows, shown on Comcast, on which Dean Velvel, interviews an author, one hour long television panel shows, also shown on Comcast, on which other MSL personnel interview experts about important subjects, conferences on historical and other important subjects held at MSL, presentations by authors who discuss their books at MSL, a radio program (What The Media Won't Tell You) which is heard on the World Radio Network (which is on Sirrus and other outlets in the U.S.), and an MSL journal of important issues called The Long Term View, can all be accessed on the internet, including by video and audio. For TV shows go to: www.m

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