Behind the Scenes of Secret Surveillance and Its Public Unmasking

From The New York Times overnight.

Eric Lichtblau is used to being cast as a hero or a villain for his reporting about the war on terror. This year Mike McConnell, the director of national intelligence, predicted that “some Americans are going to die” because of the public debate that resulted when Mr. Lichtblau and his New York Times colleague James Risen disclosed the existence of the Bush administration’s secret surveillance program; for the same articles Mr. Lichtblau and Mr. Risen won the 2006 Pulitzer Prize for national reporting.

BUSH’S LAW
The Remaking of American Justice
By Eric Lichtblau
349 pages. Pantheon. $26.95.

Now Mr. Lichtblau has produced a book about his experiences, “Bush’s Law.” It is a gripping account of Mr. Lichtblau’s efforts to expose various forms of secret surveillance and the Bush administration’s Nixonian efforts to retaliate against him and other critics: “All the President’s Men” for an age of terror. But this book offers much more than a journalist’s well-earned victory lap. Mr. Lichtblau also documents, with scrupulous detail, the broader costs of the Bush administration’s excesses for innocent victims and for the rule of law.

Mr. Lichtblau has especially memorable accounts of some of the 2,700 men locked up after 9/11 by American authorities; most of those men were never shown to have connections to terrorism.
There is Taj Bhatti, an elderly Pakistani doctor in Virginia whose house and computer discs were surreptitiously ransacked and who was secretly imprisoned in the county jail as a “material witness.” He was freed only after his son sent a press release to a local reporter; the federal magistrate who signed the arrest warrant (and prohibited Mr. Bhatti from talking about his imprisonment) then threatened the reporter with contempt.
There is Brandon Mayfield, the lawyer and former Army lieutenant from Kansas whose house was secretly searched and who was arrested after being linked to the Madrid bombings by an F.B.I. agent’s mistaken fingerprint match. (He got an apology and $2 million from the government.)

Mr. Lichtblau also describes the many innocent victims whose e-mail messages, phone calls and political activities were secretly surveilled. More than 180 peaceful groups opposed to the Iraq war ended up in the Pentagon’s Talon database, which was designed to collect leads that might be related to terrorism. (It included the names of people at antiwar rallies.) And by Mr. Lichtblau’s estimate “several thousand” people in the United States had their phone calls and e-mail messages secretly surveilled without warrants because of suspected ties to terrorism.

They included an Iranian-American doctor in Kentucky suspected of possibly helping Osama bin Laden with his kidney ailments simply because he was a nephrologist. Mr. Lichtblau identifies another possible victim: a teenage student at the Horace Mann School in New York who sent e-mail messages to India about parking spots in Manhattan, which led F.B.I. agents to show up at his door. (It turned out he wanted to rent the spots to out-of-towners.)

Read the full New York Times story.