Dartblog

It deserves no surprise that the NSA wiretap story is tops on al Jazeera, the world’s only news network al Qaeda terrorists feel comfortable exchanging videotapes with. National Reviewer Cliff May was invited on the network, along with a slurry of ACLU types to discuss the story. Cliff describes the outrageously front-loaded session here. Reading it, I am reminded of the original Bush Doctrine, which said, in so many words, ‘The FBI is forthwith and henceforth denied jurisdication as regards Islamist terrorism. Jurisdiction is hereby ceded to the 10th Mountain Division & friends.’

The broadest message, and the one Bush spent so much time articulating in 2001, 2002, and 2003 is that we now have a de facto “war” on terrorism. (Clever readers will at this point remind themselves of our current War on Terrorism.) New venue, new methods, new rules. The attacks in New York City and Washington occured 1,589 days ago. 1,589 sunups since the War on Terrorism began, and not a single further attack has penetrated our borders. It isn’t praise for the president—it is a statement of fact—to say that the War on Terrorism is the reason for our safety.

But reading the notes from Cliff May’s interview session, it becomes clear that, if the ACLU is not in fact on a simple political Get Bush mission (and I believe they are, to the exclusion of the more dire judgement I am about to render) then they are in full opposition—using pens rather than swords—to the Global War on Terror, and they want it to end. The want retreat from the War on Terrorism. Because what is the War, really? It is a changing of counterterrorism methods. On September 10, 2001, it was the case that the White House could not surveil an innocent American’s domestic phone calls without a warrant. That is still the case, the exaggerations of demagogues like Albert Gore notwithstanding. But that rule also applied to Americans suspected of having terrorist ties who were in international telephonic contact with known al Qaeda operatives. The White House changed that rule. The message of the ACLU’s lawsuit filed today is: Go back. Enact the pre-9/11 policy.

It reeks of cliché for politicos to use the phrase “pre-9/11 mindset”. Nowhere is it more apt than in the civil liberties zeal now professed by political organizations which always opposed the Bush Administrations and Republicans writ large anyway. Responsible leaders in all three branches of government now listening to this building din must understand one thing: The ACLU’s desire is to change the Can’t Spy on Americans Without Warrant Unless They Conduct International Phone Calls With Terrorists policy to a Can’t Spy on Americans Without Warrant policy. And responsible leaders will send that message, which is spinless, accurate, and clear, to the folks. And their answer will ring back just as clear as the query sent.

When he said “Give me liberty, or give me death,” Patrick Henry wasn’t talking about civil liberties. He was talking about the elemental liberty inherent in this land that it be free from foreign influence. He was talking about sovereignty, not about whether the United States can or can not spy on its enemies with impunity. He was fighting, in 1775, for those very United States’ existence. The threat we face today is not as great, but it is still enormous. We are still fighting to be free of foreign control; to be free from fear.