In the Great Book of Washington Spin, there is a tactic as old as politics: Whataboutism. Whataboutism is asking, “Yeah, what about…” and inserting the scandal of the day. Its barely tolerable during election season when it is tantamount to saying, “My guy is bad, but your guy is worse.” But now that the election is over, Whataboutism is simply ridiculous.
Which brings us to the Obama scandal of the moment: the NSA under Obama systematically violated the Fourth Amendment. Take for example this Fox News piece:
The secret court that oversees government snooping took the Obama administration to task late last year, suggesting it created “a very serious Fourth Amendment issue” by violating rules the government itself had implemented regarding the surveillance of Americans.
According to top-secret documents made public by the Foreign Intelligence Surveillance Court – often referred to as the FISA court – the government admitted that, just days before the 2016 election, NSA analysts were violating surveillance rules on a regular basis. This pattern of overreach, coupled with the timing of the government’s disclosure, resulted in an unusually harsh rebuke of the administration’s practices and principles.
This is largely true. (An “unusually harsh rebuke” is true mostly in that Obama didn’t usually draw the Court’s ire for anything, not in that the abuse was severe—more on that in a second.) Much of the rest of the piece, including that press outlets like The New York Times didn’t cover it, are false. Indeed, it largely passed unnoticed in the liberal press because, frankly, it was not a particularly interesting story.
The gory details laid out by the FISA Court are far from scintillating. In fact, they are almost comically boring. As mentioned, ts true that in late September a pattern of Fourth Ammendment violations was found and brought before the Court. But who uncovered and reported this dastardly plot? Well, it turns out to have been the Inspector General of the NSA. That’s right: The NSA caught the NSA making these errors and told the court. They were rebuked, lest you think anyone ends up looking good here, for being slow to report them, but the Court gives no reason for the month delay and draws no wider conclusion as Fox does.
The abuse itself was hardly the basis of a Hollywood thriller or vast conspiracy against a CBS journalist. The main problem according to the Court was that the software the NSA was using to query its database required its analysts to opt out of data about people on email threads. If the analyst left a box checked, they might find out that an American citizen was on an email thread. I don’t want to pull the punch: The NSA should not have been finding that out. But the several hundred (the exact number is redacted) instances of this being used over 5 years were not linked to any sort of criminal behavior. It was systemic in the sense it appears few meant to do it, the system was just built that way.
The conservative press needs this to be a big issue because if the NSA was habitually breaking the law, Kushner’s actions can be excused. It’s the worst sort of whataboutism. Never mind that they would not be looped in until after many of the alleged exchanges happened. Never mind that email threads are not something you’d go into a Russia SCIF to hide. Never mind that there is a lot more substance to the accusations against Kushner than just, “some IC dudes said so”; he’s admitted to hiding his contacts with Russia, a transparent felony.
This isn’t a hot conspiracy. It’s a boring technical violation that the Government was fixing anyway.