Proof by Accident

Judge Anna Diggs Taylor's decision inadvertently disproves one of the chief assertions of NY Times' apologists about the NSA program. Patterico in his inimitable fashion explains:

According to the plaintiffs — lawyers, scholars, journalists, and others who communicate internationally with terrorists — the disclosure of the surveillance program has caused terrorists to discontinue international telephone and e-mail communications:

Plaintiffs here contend that the TSP [”Terrorist Surveillance Program”] has interfered with their ability to carry out their professional responsibilities in a variety of ways, including that the TSP has had a significant impact on their ability to talk with sources, locate witnesses, conduct scholarship, engage in advocacy and communicate with persons who are outside of the United States, including in the Middle East and Asia. Plaintiffs have submitted several declarations to that effect. For example, scholars and journalists such as plaintiffs Tara McKelvey, Larry Diamond, and Barnett Rubin indicate that they must conduct extensive research in the Middle East, Africa, and Asia, and must communicate with individuals abroad whom the United States government believes to be terrorist suspects or to be associated with terrorist organizations. In addition, attorneys Nancy Hollander, William Swor, Joshua Dratel, Mohammed Abdrabboh, and Nabih Ayad indicate that they must also communicate with individuals abroad whom the United States government believes to be terrorist suspects or to be associated with terrorist organizations, and must discuss confidential information over the phone and email with their international clients. All of the Plaintiffs contend that the TSP has caused clients, witnesses and sources to discontinue their communications with plaintiffs out of fear that their communications will be intercepted.

Let me put that into plain English: terrorists and their associates will no longer communicate with these plaintiffs via e-mail and telephone — in other words, ways that the government could monitor under the surveillance program — because the terrorists are aware of the surveillance program. It’s not the Terrorist Surveillance Program itself that has caused terrorists to cease these international communications. It’s the fact that the terrorists now know about it.

Greenwald and other lefties say that terrorists had always assumed their communications were being monitored, but these plaintiffs say otherwise. They say that, for a period of time, they communicated freely with these terrorists — but then along came revelations of the TSP, and their telephone and Internet communications with these suspected terrorists ceased.

Whoops.