DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd"> PELICANPOST.BLOGSPOT.COM: The New York Times, with two of its journalists as conduits, aided and abetted the transmission and illegal publication of national secrets...

Sunday, June 25, 2006

The New York Times, with two of its journalists as conduits, aided and abetted the transmission and illegal publication of national secrets...

Folks, there are two *****Five Star, must read columns that will appear in the July 3, 2006 edition of the Weekly Standard, both of which go to the illegality and political motivation of The New York Times' expose of the highly classified "Swift" program to track the money trails that lead to intelligence information about covert funding for terrorism against the United States and its citizens.

The two outstanding columns are: "Leaks and the Law The case for prosecuting the New York Times," by Gabriel Schoenfeld here, and "National Security Be Damned: The guiding philosophy on West 43rd Street," by Heather Mac Donald here.

Below are excerpts from the Schoenfeld piece that reveal the enabling U.S. law that would allow for prosecution of The New York Times and, in my opinion, its journalists who aided and abetted the transfer of highly-classified national security intel from a covert source, wrote-up that illegally leaked intel and provided it to their employer who, despite warnings from the Bush Administration, willfully published it anyway. The Times' illegal expose was prominently placed on page one under a banner headline sure to warn the terrorists their money transfers were being traced---thus undermining the President/Commander-in-Chief, the intelligence community and the War Against Terror.

The willful publication of this illegally-provided highly-classified information violated the law described in the following:

"...if the editors of the paper (NYTimes) were to take a look at the U.S. Criminal Code, they would find that they have run afoul not of the Espionage Act but of another law entirely: Section 798 of Title 18, the so-called Comint statute...

Section 798 reads, in part:

Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information . . . concerning the communication intelligence activities of the United States . . . shall be fined not more than $10,000 or imprisoned not more than ten years, or both [emphasis added]..."

Heather MacDonald says: "BY NOW IT'S UNDENIABLE: The New York Times is a national security threat. So drunk is it on its own power and so antagonistic to the Bush administration that it will expose every classified antiterror program it finds out about, no matter how legal the program, how carefully crafted to safeguard civil liberties, or how vital to protecting American lives.

The Times's latest revelation of a national security secret appeared on last Friday's front page--where no al Qaeda operative could possibly miss it. Under the deliberately sensational headline, "Bank Data Sifted in Secret by U.S. to Block Terror," the Times blows the cover on a highly targeted program to locate terrorist financing networks...

The administration strongly urged the New York Times not to expose this classified program, and for good reason. According to the Times itself, the program has proven vital in hunting down international killers...

Now that the Times has blown the cover on this terror-tracking initiative, sophisticated terrorists will figure out how to evade it, according to the Treasury's top counterterrorism official, Stuart Levey, speaking to the Wall Street Journal. The lifeblood of international terrorism--cash--will once again flow undetected...

The truth the Times evades is that while every power, public or private, can be misused, the mere possibility of abuse does not mean that a necessary power should be discarded. Instead, the rational response is to create checks that minimize the risk of abuse...

The Times's ritual invocation of the "public interest" cannot disguise the weakness of their argument for revealing this highly successful antiterror program... Do they seriously believe the U.S. government should not exploit technological tools in the war on terror?

Al Qaeda has long worked to manipulate the media in its favor. It can disband that operation now, knowing that, unbidden, America's most powerful newspaper is looking out for its interests..."


There is much written on this topic throughout the blogosphere, not the least of which is Michelle Malkin's roundup of the Anti-Blabbermouth Army of Photoshoppers' posters condemning The New York Times for aiding the terrorists and endangering our troops. She also links to an excellent column by Andrew C. McCarthy, "The Media’s War Against the War Continues: The New York Times and Los Angeles Times expose a classified anti-terrorism program," at National Review---which is well worth the read.

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