Having written about Sean Hannity on Monday, I am loath to return so quickly to the well of Fox News Channel, but Tucker Carlson is playing a dangerous game. I refer to this:
Tucker: "let's drop the euphemisms. Monitoring the conversations of your political opponents, isn't "incidental collection." It's spying" pic.twitter.com/dnTnzx9Of2
— Tucker Carlson (@TuckerCarlson) April 4, 2017
You can view a longer version of the clip, which makes clear that the “monitoring” to which he refers is really the alleged “unmasking” of individuals connected to the Donald Trump transition and campaign in intelligence reports, allegedly by former Obama national security adviser Susan Rice. (Why Fox would take Carlson slightly out of context on Twitter is anyone’s guess.)
However, the materials Carlson refers to were, as far as anyone knows, “incidental collection,” i.e., instances in which a foreign person or agent properly targeted for surveillance speaks to a U.S. person. Indeed, when House Intelligence Chair Devin Nunes initially made the unmasking claim public, he stated that “on numerous occasions, the intelligence community incidentally collected information about U.S. citizens involved in the Trump transition.”
Conflating the collection of surveillance intelligence (including incidental collection) with the subsequent analysis or dissemination of that material, as Carlson does here, misleads people into thinking the intelligence was collected improperly.
This is not hypothetical. I have had people interpret and defend Carlson’s remarks as suggesting that Obama had intelligence agencies target foreign persons or agents in order to monitor the conversations of Trump and his team.
There is a term — or euphemism — for this charge: “reverse-targeting.” It’s illegal. There is currently no evidence that reverse-targeting occurred in this case. Indeed, Nunes was specifically asked whether this material could be the result of reverse-targeting and he replied that didn’t know.
In the past, Edward Snowden has claimed that many DNI analysts at NSA engaged in reverse-targeting. OTOH, Edward Snowden is a Russian stooge hiding from justice and thus unlikely to say much that does not advance the interests of his handlers.
In addition, Sen. Rand Paul, while doubting that Trump was targeted for surveillance, suggested that he might have been the subject of a “backdoor search,” which is not reverse-targeting, but a different form of improper usage of properly collected surveillance of foreign persons or agents.
At that time, Paul claimed that Pres. Obama had been the subject of such improper searches 1,227 times, which turns out to be a misleading reference to the number of times Obama was mentioned by others (in unmasked but obviously identifiable form) in communications.
Paul has also accused Susan Rice of having conducted the “backdoor searches” without any evidence to back his claim. And when he got called on it, he tap-danced.
These days, cases of reverse-targeting are rare, generally inadvertent, and reported pursuant to current law. (Such was not always necessarily the case.) These reports also address the implementation of “minimization” (masking) procedures.
This lack of evidence of improper surveillance of Trump & Co., incidentally, is why people arguing that Obama spied on Trump resort to listing the Obama’s other bad acts involving surveillance.
In general, evidence of prior bad acts is not good evidence that the person or group involved committed a particular current bad act. I could explain why this is generally true in law, but let’s skip right to an example politics and the court of public opinion.
I have previously noted that partisan Democrats once pursued nutty investigations of whether George H. W. Bush flew in an SR-71 Blackbird jet to Paris to interfere with the Iranian hostage negotiations, and whether he was involved in drug-running with the Contras in Nicaragua. Those allegations are made no less nutty by the fact that there was an actual Iran-Contra scandal when George H. W. Bush was Vice-President. And they are no less nutty because he used to run the CIA.
In the current climate, my favorite part of the “bad acts” argument is the Right’s strange new concern that the CIA allegedly spied on Democratic Senate Intelligence Committee staffers who were investigating the CIA’s handling of the torture issue during the Bush Administration. The GOP — and most conservatives — were uninterested in this story at the time because they thought Sen. Dianne Feinstein’s investigation was a political witch hunt. But now the Obama administration is to be blamed for defending the CIA’s attempt to fend it off on their own system. OK.
So why is any of this a big deal? After all, isn’t this whole subject murky and confusing? There are at least two answers to this question.
First, at the crass political level, conflating issues of surveillance with issues of analysis or usage merely gives Democrats and the establishment media license to do the same in order to distract from the accusation that Rice engaged in improper unmasking, which is potentially quite serious (for what it’s worth, which isn’t much, Rice denies the accusation, though her general lack of credibility is not proof of culpability).
As David French notes, we really don’t know enough yet to be forming solid opinions on whether Rice acted improperly. My quibble with French’s piece is that he uses Russia as an example and the materials at issue here ostensibly did not involve Russia. (John Schindler provides a hypothetical intelligence report that’s much simpler and likely more pertinent to the current controversy.)
Second, on a more serious level, note the point raised early on by Andrew McCarthy in considering the mere possibility of reverse-targeting. He observed that the pre-9/11 “wall” between law enforcement and intelligence investigators made it difficult to share information and thus effectively investigate or prevent terror attacks.
The Privacy and Civil Liberties Oversight Board —a bipartisan panel in the executive branch that reviews the executive branch’s surveillance actions and also monitors civil liberty concerns — has found the sort of post-9/11 electronic surveillance at issue here “makes a substantial contribution to the government’s efforts to learn about the membership, goals, and activities of international terrorist organizations, and to prevent acts of terrorism from coming to fruition.”
To be sure, we should be concerned about the potential for abuse of these surveillance programs. But we should be very careful that any reforms we make address actual abuses of civil liberties, not imagined ones, before deciding to risk losing the value these programs provide.
Carlson, and Paul for that matter, thus potentially do the public a great disservice by conflating surveillance with analysis/unmasking (and dissemination and leaking) to advance their partisan or ideological agendas. A misinformed public may be persuaded to demand reforms of the law that not only do not address the potential problem seen so far in this controversy, but also cures that may be worse than the disease.
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