The Education of a 9/11 Reporter (Slate)

The Education of a 9/11 Reporter
The inside drama behind the Times' warrantless wiretapping story.
By Eric Lichtblau
Posted Wednesday, March 26, 2008, at 7:08 PM ET

This article is adapted from Eric Lichtblau's upcoming book, Bush's Law: The Remaking of American Justice, to be published next Tuesday, April 1, by Pantheon. He and fellow New York Times reporter James Risen won a 2006 Pulitzer Prize for breaking the story of the National Security Agency's wiretapping program.

"The enemy," one official warned, "is inside the gates." The clichés did their work; the message was unmistakable: If the New York Times went ahead and published this story, we would share the blame for the next terrorist attack.

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For more than an hour, we told Bush's aides what we knew about the wiretapping program, and they in turn told us why it would do grave harm to national security to let anyone else in on the secret. Consider the financial damage to the phone carriers that took part in the program, one official implored. If the terrorists knew about the wiretapping program, it would be rendered useless and would have to be shut down immediately, another official urged: "It's all the marbles." The risk to national security was incalculable, the White House VIPs said, their voices stern, their faces drawn. "The enemy," one official warned, "is inside the gates." The clichés did their work; the message was unmistakable: If the New York Times went ahead and published this story, we would share the blame for the next terrorist attack.

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At the same time, in the first few years after 9/11, stories that have now become frequent front-page fodder—about water-boarding of terrorism detainees and other aggressive interrogations tactics, about CIA "black site" prisons overseas, or about covert eavesdropping or other surveillance programs that stretched the limits of the law—simply didn't get written by most of the mainstream media. If we had known about them, which in most cases we didn't, there would have been a reluctance to publicize them in those early days of the war on terror.
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That decision was helped along by a chance conversation I had soon after our White House meeting. The administration, I was told, had considered seeking a Pentagon Papers-type injunction to block publication of the story. The tidbit was a bombshell. Few episodes in the history of the Times—or, for that matter, in all of journalism—had left as indelible a mark as the courtroom battle over the Pentagon Papers, and now we were learning that the Bush White House had dusted off a Nixon-era relic to consider coming after us again. The editors in New York had already decided they would probably print the story in the newspaper for that Friday, Dec. 16, 2005, but when word of the Pentagon Papers tip reached them, they decided they would also post it on the Internet the night before. That wasn't routinely done at that time on "exclusive" stories because we would risk losing the scoop to our competitors, but the editors felt it was worth the risk. The administration might be able to stop the presses with an injunction, but they couldn't stop the Internet.

Phil Taubman called us into his office to hear the official word: We were publishing the story, Keller told us. Smiles washed over the room. Rebecca Corbett, who edited the story and had been a strong champion of it, inquired about the play it would get. There'd been talk of a modest one-column headline on the front page. She wanted to know whether we might be able to get two columns, maybe even three. This seemed like a story that would have legs. Keller demurred. He wanted the story to speak for itself; we would be discreet without looking as if we were poking the White House in the eye with a big, screaming headline about NSA spying. This wasn't the moment to quibble over the size of the headline. After all this time, after all the White House's efforts to derail it, we were happy to see the story in the paper at all; in the back of the A section, among the bra ads, would have been fine.

more at:
http://www.slate.com/id/2187498/