23 April 2018

The Guardian: The 'deep state' is real. But are its leaks against Trump justified?

The truth is that the deep state, which is a real phenomenon, has long been both a threat to democratic politics and a savior of it. The problem is that it is hard to maintain its savior role without also accepting its threatening role. The two go hand in hand, and are difficult to untangle. [...]

But even if we focus narrowly on the intelligence bureaucracies that conduct and use information collected secretly in the homeland, including the FBI, National Security Agency (NSA), and National Security Council, there is significant evidence that the deep state has used secretly collected information opportunistically and illegally to sabotage the president and his senior officials – either as part of a concerted movement or via individuals acting more or less independently. [...]

These leaks probably mark the first time ever that the content of foreign intelligence intercepts aimed at foreign agents that swept up US-person information was leaked. They clearly aimed to damage US persons – ones who happen to also be senior US government officials.

They were unlawful and, beyond that, they violated two until-now strict taboos about leaks – first on revealing the content of foreign intelligence information collected through electronic surveillance, and second on revealing the content of incidentally collected information about American citizens.

Many people, including many who are not in the Trump camp, have interpreted these leaks to violate a third taboo by marking a return to the Hoover-era FBI’s use of secretly collected information to sabotage elected officials with adverse political interests.  [...]

If surveillance comes to be seen through a domestic political lens, with domestic political winners and losers, the intelligence community will have a very hard time acting with needed public credibility. And that in turn means it will have a harder time doing what it needs to do to keep us safe.

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