Congress who actually have knowledge of what

this is all about.

“The ranking Democrat on the House Intelligence Committee, Jane Harman of California, said she was informed about the program in 2003 and believes it is “essential to U.S. national security.” But Harman also complained it was inappropriate for the White House to discuss the secret program only with leaders of the intelligence committees.”

ìThe NYTís Smear of a Pro-Democracy Program

Last week, I wondered whether the NYTó while advancing the militaryís play-for-play storyóended up smearing a non-propaganda program, the kind that funds budding journalism and should be celebrated.

To recap: The Timesóin a story written by Jeff Gerthóreported in a Page One takeout that the administrationís (ineffective) story-planting habits extended to Afghanistan. Gerth noted the existence of a U.S. military-funded newspaper as well radio station.î

http://www.ericumansky.com/2005/12/the_nyts_smear_.html#comment-12275265

Hence, the he-said/she-said which leaves readers wondering and fans flames.

Milk this story for as long as they can.

It’s irresponsible and cowardly and perhaps a bit incompetent.

http://www.rightviews.com/article.php?id=335

Further, we can look forward to a brutal hammering of the Mediacrat party, possibly even a de facto reversal of the Pentagon Papers case.

Its only a matter of time before some blinded Demobot tosses sane legal advice to the wind and leaks the technical aspects of the affair. Causing bush to finally go into ‘Scarface meets Elliot Ness’ mode, sending the Times to the Hoosegow, and wrapping a white-hot anvil around their collective neck.

And all our estimable leaders need do is their job, noisily…

As for the legal parsing on the Volokh site, I have not read it. But you will excuse me if I am more interested in the efficacy of such a program than in the exactitude of laws that seem to have been disobeyed by half the Presidents since Roosevelt. In this case, tapping a couple of dozen Al Qaeda phone calls from the Middle East to the US does not seem such a bad thing in the post 9/11 world. Nor does it seem the road to fascism. If anything, it is the reverse.

Anyway, as long as Republicans control the Senate and House, I don’t see even an attempt to determine the legality of whatever was being done as being likely. The courts probably won’t take up the matter of Constitutional authority separate a branch powers crisis of some sort and the other legality claims don’t make all that much sense separate the inherent Constitutional powers of the Executive.

In my view, they don’t make much sense anyway, but the Rockefeller letter (which I find interesting) suggests that there is a technology component which hasn’t, as yet, been disclosed and the fear of disclosure of something of real importance might be what is keeping everybody actually involved, including Times reporters, from doing much talking beyond charging illegality on one side and irresponsibility on the other.

…and so it goes.

Looks a little like Cut and Run to me…that’s catchy — wonder where it came from…?