Austin Bay Blog

This James Q. Wilson essay is superb.

Extended excerpt 1:

But the war coverage does not reflect merely an interest in conflict. People who oppose the entire war on terror run much of the national press, and they go to great lengths to make waging it difficult. Thus the New York Times ran a front-page story about President Bush’s allowing, without court warrants, electronic monitoring of phone calls between overseas terrorists and people inside the U.S. On the heels of this, the Times reported that the FBI had been conducting a top-secret program to monitor radiation levels around U.S. Muslim sites, including mosques. And then both the New York Times and Los Angeles Times ran stories about America’s effort to monitor foreign banking transactions in order to frustrate terrorist plans. The revelation of this secret effort followed five years after the New York Times urged, in an editorial, that precisely such a program be started.

Virtually every government official consulted on these matters urged that the press not run the stories because they endangered secret and important tasks. They ran them anyway. The media suggested that the National Security Agency surveillance might be illegal, but since we do not know exactly what kind of surveillance is undertaken, we cannot be clear about its legal basis. No one should assume that the 1978 Foreign Intelligence Surveillance Act requires the president to obtain warrants from the special FISA court before he can monitor foreign intelligence contacts. Though the Supreme Court has never decided this issue, the lower federal courts, almost without exception, have held that “the Executive Branch need not always obtain a warrant for foreign intelligence surveillance.”

Nor is it obvious that FISA defines all of the president’s authority. Two assistant attorneys general have argued that when the president believes that a statute unconstitutionally limits his powers, he has the right not to obey it unless the Supreme Court directs him otherwise. This action would be proper even if the president had signed into law the bill limiting his authority. I know, you are thinking, That is just what the current Justice Department would say. In fact, these opinions were written in the Clinton administration by assistant attorneys general Walter Dellinger and Randolph Moss.

The president may have such power either because it inheres in his position as commander in chief or because Congress passed a law authorizing him to use “all necessary and appropriate force” against nations or people that directed or aided the attack of 9/11. Surveillance without warrants may be just such an “appropriate force.” In any event, presidents before George W. Bush have issued executive orders authorizing searches without warrants, and Jamie Gorelick, once Bill Clinton’s deputy attorney general and later a member of the 9/11 Commission, said that physical searches may be done without a court order in foreign intelligence cases. Such searches might well have prevented new terrorist attacks; if they are blocked in the future, no doubt we will see a demand for a new commission charged with criticizing the president for failing to prevent an attack.

Excerpt 2:

What has been at issue is whether media politics affects media writing. Certainly, that began to happen noticeably in the Vietnam years. And thereafter, the press could still support an American war waged by a Democratic president. In 1992, for example, newspapers denounced President George H.W. Bush for having ignored the creation of concentration camps in Bosnia, and they later supported President Clinton when he ordered bombing raids there and in Kosovo. When one strike killed some innocent refugees, the New York Times said that it would be a “tragedy” to “slacken the bombardment.” These air attacks violated what passes for international law (under the U.N. Charter, people can only go to war for immediate self-defense or under U.N. authorization). But these supposedly “illegal” air raids did not prevent Times support. Today, by contrast, the Times criticizes our Guantanamo Bay detention camp for being in violation of “international law.”

But in the Vietnam era, an important restraint on sectarian partisanship still operated: the mass media catered to a mass audience and hence had an economic interest in appealing to as broad a public as possible. Today, however, we are in the midst of a fierce competition among media outlets, with newspapers trying, not very successfully, to survive against 24/7 TV and radio news coverage and the Internet. As a consequence of this struggle, radio, magazines, and newspapers are engaged in niche marketing, seeking to mobilize not a broad market but a specialized one, either liberal or conservative.

Economics reinforces this partisan orientation. Prof. James Hamilton has shown that television networks take older viewers for granted but struggle hard to attract high-spending younger ones. Regular viewers tend to be older, male, and conservative, while marginal ones are likely to be younger, female, and liberal. Thus the financial interest that radio and television stations have in attracting these marginal younger listeners and viewers reinforces their ideological interest in catering to a more liberal audience.

Focusing ever more sharply on the mostly bicoastal, mostly liberal elites, and with their more conservative audience lost to Fox News or Rush Limbaugh, mainstream outlets like the New York Times have become more nakedly partisan. And in the Iraq War, they have kept up a drumbeat of negativity that has had a big effect on elite and public opinion alike. Thanks to the power of these media organs, reduced but still enormous, many Americans are coming to see the Iraq War as Vietnam redux.

Read the whole brilliant thing.