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January 30, 2006
Forgetting The Lessons

Debra Burlingame, the sister of one of the pilots murdered on 9/11, writes in today's OpinionJournal about the way we have changed our attitude about 9/11 and the failures of law enforcement and intelligence to "connect the dots" that could have prevented part or all of the terrorist plot. She rails against the politicization of the PATRIOT Act and the NSA intercept program, which the 9/11 Commission not long ago called on the administration to provide:

The Senate will soon convene hearings on renewal of the Patriot Act and the NSA terrorist surveillance program. A minority of senators want to gamble with American lives and "fix" national security laws, which they can't show are broken. They seek to eliminate or weaken anti-terrorism measures which take into account that the Cold War and its slow-moving, analog world of landlines and stationary targets is gone. The threat we face today is a completely new paradigm of global terrorist networks operating in a high-velocity digital age using the Web and fiber-optic technology. After four-and-a-half years without another terrorist attack, these senators think we're safe enough to cave in to the same civil liberties lobby that supported that deadly FISA wall in the first place. What if they, like those lawyers and judges, are simply wrong?

Meanwhile, the media, mouthing phrases like "Article II authority," "separation of powers" and "right to privacy," are presenting the issues as if politics have nothing to do with what is driving the subject matter and its coverage. They want us to forget four years of relentless "connect-the-dots" reporting about the missed chances that "could have prevented 9/11." They have discounted the relevance of references to the two 9/11 hijackers who lived in San Diego. But not too long ago, the media itself reported that phone records revealed that five or six of the hijackers made extensive calls overseas.

NBC News aired an "exclusive" story in 2004 that dramatically recounted how al-Hazmi and al-Mihdhar, the San Diego terrorists who would later hijack American Airlines flight 77 and fly it into the Pentagon, received more than a dozen calls from an al Qaeda "switchboard" inside Yemen where al-Mihdhar's brother-in-law lived. The house received calls from Osama Bin Laden and relayed them to operatives around the world. Senior correspondent Lisa Myers told the shocking story of how, "The NSA had the actual phone number in the United States that the switchboard was calling, but didn't deploy that equipment, fearing it would be accused of domestic spying." Back then, the NBC script didn't describe it as "spying on Americans." Instead, it was called one of the "missed opportunities that could have saved 3,000 lives."

Another example of opportunistic coverage concerns the Patriot Act's "library provision." News reports have given plenty of ink and airtime to the ACLU's unsupported claims that the government has abused this important records provision. But how many Americans know that several of the hijackers repeatedly accessed computers at public libraries in New Jersey and Florida, using personal Internet accounts to carry out the conspiracy? Al-Mihdhar and al-Hazmi logged on four times at a college library in New Jersey where they purchased airline tickets for AA 77 and later confirmed their reservations on Aug. 30. In light of this, it is ridiculous to suggest that the Justice Department has the time, resources or interest in "investigating the reading habits of law abiding citizens."

Do I fear the FBI more than al-Qaeda and Islamofascist terrorists? That's the question that Americans have to ask themselves. Before answering, they should also ask themselves which organization do Americans have more control over -- and which organization must answer to elected officials of the US government. In a time of war, I'm inclined to offer my trust to fellow Americans who have tried to operate under the law to protect us than I am inclined to err on the side of potential terrorists. Be sure to read Burlingame's entire essay.

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Posted by Ed Morrissey at January 30, 2006 6:27 AM

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