On the day of Las Posadas: Still looking for shelter

Does anyone remember any more the thousands of people "arrested" ("detained" is more accurate) after 9/11, all because they were Muslims, or had "Muslim-sounding" names?

While many details about the program remain secret, officials familiar with it said the N.S.A. eavesdropped without warrants on up to 500 people in the United States at any given time. The list changes as some names are added and others dropped, so the number monitored in this country may have reached into the thousands over the past three years, several officials said. Overseas, about 5,000 to 7,000 people suspected of terrorist ties are monitored at one time, according to those officials.

So everyone is a suspect until proven innocent? Still?

And what was uncovered?

Several officials said the eavesdropping program had helped uncover a plot by Iyman Faris, an Ohio trucker and naturalized citizen who pleaded guilty in 2003 to supporting Al Qaeda by planning to bring down the Brooklyn Bridge with blowtorches. What appeared to be another Qaeda plot, involving fertilizer bomb attacks on British pubs and train stations, was exposed last year in part through the program, the officials said. But they said most people targeted for N.S.A. monitoring have never been charged with a crime, including an Iranian-American doctor in the South who came under suspicion because of what one official described as dubious ties to Osama bin Laden.

Blowtorches? Mr. Faris needs psychiatric care. Who knew Al Qaeda was so pathetic?

And, of course, no story today is complete without media complicity in the "GWOT":

The White House asked The New York Times not to publish this article, arguing that it could jeopardize continuing investigations and alert would-be terrorists that they might be under scrutiny. After meeting with senior administration officials to hear their concerns, the newspaper delayed publication for a year to conduct additional reporting. Some information that administration officials argued could be useful to terrorists has been omitted.

But this is the story everyone needs to pay attention to:

Months after the Sept. 11 attacks, President Bush secretly authorized the National Security Agency to eavesdrop on Americans and others inside the United States to search for evidence of terrorist activity without the court-approved warrants ordinarily required for domestic spying, according to government officials.

Under a presidential order signed in 2002, the intelligence agency has monitored the international telephone calls and international e-mail messages of hundreds, perhaps thousands, of people inside the United States without warrants over the past three years in an effort to track possible "dirty numbers" linked to Al Qaeda, the officials said. The agency, they said, still seeks warrants to monitor entirely domestic communications.

The 5th Amendment, after all, is "quaint."

But the point here is not to complain. It is to recognize the slow, inexorable movement of justice. The NYT sat on this story for a year. What changed, do you think, to move them to publish? And it comes out in 10 web-pages now, and what impact do you think that will have?

A lot.

In Congress, where numbers are everything, the math on the Patriot Act suddenly seems to be moving in favor of Sen. Russell Feingold.

He was a minority of one four years ago, when the Wisconsin Democrat cast the lone Senate vote against the USA Patriot Act in the traumatic weeks after the Sept. 11 attacks. The law, he said then, gave government too much power to investigate its citizens. Ninety-nine senators disagreed.

Now add more than two dozen senators to Feingold's side, including the leaders of his party and some of the chamber's most conservative Republicans, and the balance of power shifts.

The new Senate arithmetic that emerged this week is enough to place the renewal of major portions of the law in doubt. It was enough to inspire Senate Republican leaders to consider a backup plan in case Feingold's filibuster threat succeeded. Enough to prompt President Bush to dispatch Attorney General Alberto Gonzales to Capitol Hill twice in two days to lobby on the accord's behalf.

No luck so far, said the chief Senate sponsor.

"We've got a battle on our hands," Judiciary Committee Chairman Arlen Specter, R-Pa., told reporters after Gonzales had departed Wednesday.

Just yesterday morning NPR was calling the PATRIOT ACT (which is the bill's name, by the way) pretty much a done deal, casting the filibuster as threatened, but not exactly threatening. I think this NYT story will change that direction even further against the act.