8.09.2008

The NYT Makes Us Less Safe

Is Jack Goldsmith's conclusion based on the NYT disclosure of the warrantless wiretap program back in '06. Goldsmith was head of OLC (DoJ's Office of Legal Counsel) after John Yoo (the guy who tore up the Geneva Convention, said waterboarding was legal, etc. - and is now a Prof at Berkely). I like Goldsmith and he seems to be one of the few inside watchdogs during that time. His TNR article - despite the provocative title - is very well reasoned. Essentially, Goldsmith claims that the NYT's other disclosures (the later, more specific ones) did hurt our intel gathering abilities ...while he has less beef with the disclosure of the wiretap program.

Why did the NYT go overboard? Insightfully, Goldsmith channels Justice Jackson: "when everything is classified - nothing is classified." Because W's administration was the most secretive in recent memory, there was no legitimacy, which led to excessive inside leaks (by the discontented) and over-publishing by the NYT.

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