WHEN America panics, it goes hunting for scapegoats. But from Salem onward, we've more often than not ended up pillorying the innocent. Abe Rosenthal, the legendary Times editor who died last week, and his publisher, Arthur Ochs Sulzberger, were denounced as treasonous in 1971 when they defied the Nixon administration to publish the Pentagon Papers, the secret government history of the Vietnam War. Today we know who the real traitors were: the officials who squandered American blood and treasure on an ill-considered war and then tried to cover up their lies and mistakes. It was precisely those lies and mistakes, of course, that were laid bare by the thousands of pages of classified Pentagon documents leaked to both The Times and The Washington Post.
This history is predictably repeating itself now that the public has turned on the war in Iraq. The administration's die-hard defenders are desperate to deflect blame for the fiasco, and, guess what, the traitors once again are The Times and The Post. This time the newspapers committed the crime of exposing warrantless spying on Americans by the National Security Agency (The Times) and the C.I.A.'s secret "black site" Eastern European prisons (The Post). Aping the Nixon template, the current White House tried to stop both papers from publishing and when that failed impugned their patriotism.
We can see this charade for what it is: a Hail Mary pass by the leaders who bungled a war and want to change the subject to the journalists who caught them in the act. What really angers the White House and its defenders about both the Post and Times scoops are not the legal questions the stories raise about unregulated gulags and unconstitutional domestic snooping, but the unmasking of yet more administration failures in a war effort riddled with ineptitude. It's the recklessness at the top of our government, not the press's exposure of it, that has truly aided the enemy, put American lives at risk and potentially sabotaged national security. That's where the buck stops, and if there's to be a witch hunt for traitors, that's where it should begin.
If this (NSA Spying) is one of our "most effective" programs, we're in worse trouble than we thought. Our enemy is smart enough to figure out on its own that its phone calls are monitored 24/7, since even under existing law the government can eavesdrop for 72 hours before seeking a warrant (which is almost always granted). As The Times subsequently reported, the N.S.A. program was worse than ineffective; it was counterproductive. Its gusher of data wasted F.B.I. time and manpower on wild-goose chases and minor leads while uncovering no new active Qaeda plots in the United States. Like the N.S.A. database on 200 million American phone customers that was described last week by USA Today, this program may have more to do with monitoring "traitors" like reporters and leakers than with tracking terrorists.
Journalists and whistle-blowers who relay such government blunders are easily defended against the charge of treason. It's often those who make the accusations we should be most worried about. Mr. Goss, a particularly vivid example, should not escape into retirement unexamined. He was so inept that an overzealous witch hunter might mistake him for a Qaeda double agent.
Even before he went to the C.I.A., he was a drag on national security. In "Breakdown," a book about intelligence failures before the 9/11 attacks, the conservative journalist Bill Gertz delineates how Mr. Goss, then chairman of the House Intelligence Committee, played a major role in abdicating Congressional oversight of the C.I.A., trying to cover up its poor performance while terrorists plotted with impunity. After 9/11, his committee's "investigation" of what went wrong was notoriously toothless.
Once he ascended to the C.I.A. in 2004, Mr. Goss behaved like most other Bush appointees: he put politics ahead of the national interest, and stashed cronies and partisan hacks in crucial positions. On Friday, the F.B.I. searched the home and office of one of them, Dusty Foggo, the No. 3 agency official in the Goss regime. Mr. Foggo is being investigated by four federal agencies pursuing the bribery scandal that has already landed former Congressman Randy (Duke) Cunningham in jail. Though Washington is titillated by gossip about prostitutes and Watergate "poker parties" swirling around this Warren Harding-like tale, at least the grafters of Teapot Dome didn't play games with the nation's defense during wartime.
What prompted Mr. Goss's about-face was revealed in his early memo instructing C.I.A. employees to "support the administration and its policies in our work." His mission was not to protect our country but to prevent the airing of administration dirty laundry, including leaks detailing how the White House ignored accurate C.I.A. intelligence on Iraq before the war. On his watch, C.I.A. lawyers also tried to halt publication of "Jawbreaker," the former clandestine officer Gary Berntsen's account of how the American command let Osama bin Laden escape when Mr. Berntsen's team had him trapped in Tora Bora in December 2001. The one officer fired for alleged leaking during the Goss purge had no access to classified intelligence about secret prisons but was presumably a witness to her boss's management disasters.
This being an election year, Karl Rove hopes the (Hayden) hearings can portray Bush opponents as soft on terrorism when they question any national security move. It was this bullying that led so many Democrats to rubber-stamp the Iraq war resolution in the 2002 election season and Mr. Goss's appointment in the autumn of 2004.
Will they fall into the same trap in 2006? Will they be so busy soliloquizing about civil liberties that they'll fail to investigate the nominee's record? It was under General Hayden, a self-styled electronic surveillance whiz, that the N.S.A. intercepted actual Qaeda messages on Sept. 10, 2001 — "Tomorrow is zero hour" for one — and failed to translate them until Sept. 12. That same fateful summer, General Hayden's N.S.A. also failed to recognize that "some of the terrorists had set up shop literally under its nose," as the national-security authority James Bamford wrote in The Washington Post in 2002. The Qaeda cell that hijacked American Flight 77 and plowed into the Pentagon was based in the same town, Laurel, Md., as the N.S.A., and "for months, the terrorists and the N.S.A. employees exercised in some of the same local health clubs and shopped in the same grocery stores."
If Democrats — and, for that matter, Republicans — let a president with a Nixonesque approval rating install yet another second-rate sycophant at yet another security agency, even one as diminished as the C.I.A., someone should charge those senators with treason, too.