Barone exposes Times' story. Cites MSM "bubble"

If Paul Krugman, Helen Thomas and Frank Rich are your kind of pundits, you won’t like Michael Barone’s latest op-ed. It’s an informed and carefully reasoned evisceration of the New York Times’ latest "Get Bush" effort: its “domestic surveillance story."

Here’s Barone:

What the Times didn't bother telling its readers is that this practice is far from new and is entirely legal. Instead, the unspoken subtext of the story was that this was likely an illegal and certainly a very scary invasion of Americans' rights.

Let's put the issue very simply. The president has the power as commander in chief under the Constitution to intercept and monitor the communications of America's enemies. Indeed, it would be a very weird interpretation of the Constitution to say that the commander in chief could order U.S. forces to kill America's enemies but not to wiretap -- or, more likely these days, electronically intercept -- their communications. Presidents have asserted and exercised this power repeatedly and consistently over the last quarter-century.

To be sure, federal courts have ruled that the Fourth Amendment's bar of "unreasonable" searches and seizures limits the president's power to intercept communications without obtaining a warrant. But that doesn't apply to foreign intercepts, as the Supreme Court made clear in a 1972 case, writing, "The instant case requires no judgment on the scope of the president's surveillance power with respect to the activities of foreign powers, within or without this country."

Barone, a graduate of Yale Law School where he was an editor of the Law Review, reminds us:

Warrantless intercepts of the communications of foreign powers were undertaken as long ago as 1979, by the Carter administration. In 1994, Bill Clinton's deputy attorney general, Jamie Gorelick, testified to Congress, "The Department of Justice believes, and the case law supports, that the president has inherent authority to conduct warrantless physical searches for foreign intelligence purposes."

And there's this:

In the Dec. 15 Chicago Tribune, John Schmidt, associate attorney general in the Clinton administration, laid it out cold: "President Bush's post-Sept. 11, 2001, authorization to the National Security Agency to carry out electronic surveillance into private phone calls and e-mails is consistent with court decisions and with the positions of the Justice Department under prior presidents."

Most Americans don't know this legal record. Barone tells us why:

"News stories" in the Times and other newspapers and many national newscasts have largely ignored this legal record. Instead, they are tinged with a note of hysteria and the suggestion that fundamental freedoms have been violated by the NSA intercepts.

Earlier this month, a Newsweek cover story depicted George W. Bush as living inside a bubble, isolated from knowledge of the real world. Many of the news stories about the NSA intercepts show that it is mainstream media that are living inside a bubble, carefully insulating themselves and their readers and viewers from knowledge of applicable law and recent historical precedent, determined to pursue an agenda of undermining the Bush administration regardless of any damage to national security.
...
Gen. Michael Hayden, former director of NSA and now deputy national intelligence director, has come forward to say, "This program has been successful in detecting and preventing attacks inside the United States."

There's more. Read the whole thing. Clip and save it.

If you have a well-intended friend whose been fooled by the Times and other left-wing media, share Barone's op-ed with them.