I've heard this used so many times that I now recognize it for what it is, conceding the argument while practicing self-denial about it. It's the best excuse to bring up when you have no better case, as it will confuse or distract some people, or result in the subject's being changed. But it's not a good excuse. At the end of the day, it's the worst one in the world, precisely because it does not even begin to answer the accusation.
It is of course standard issue in I/P debates, especially but not exclusively among Israeli-settlement supporters. It is standard issue in deciding whether or not to intervene in a questionable conflict. And it is now coming out in the debate over the NSA's telephone-metadata and Internet (Prism) massive-data collection programs. And why not? What better excuse do they have?
But the other side is worse.
Sure, the actual Stasi in East Germany were more likely to round up a dissident and throw him in jail. The NSA isn't yet doing that here. Sure, we have the world's highest incarceration rate, and the U SAP AT RIOT act allows "criminal" activity that is "incidentally" collected to be reported out. So maybe the DEA finds out about a medical-marijuana supplier or ten. And maybe a well-connected bankster gets some inside trading tips. So maybe the NSA's programs are a little broader than they wanted us to know. But it's not East Germany. They were worse. And North Korea still is. So we can't complain about the NSA. USA, love it or leave it, remember?
I get the same excuse when I discuss this among my fellow Jews, who think that my anguish over Israel's jumping the shark is somehow unacceptable. While Israel's treatment of occupied Palestinians may upset some delicate sensibilities, look at how badly the Arabs treat their dissidents! Why, they don't even have elections in most of their countries! So how can anyone complain at all when Palestinians are kicked off of their land to make room for the only democracy in the Middle East? Remember, I'm told, Jews were kicked out of Arab lands in the 1940s-1970s. So they're worse.
You can no doubt find more excuses of this. Turn the argument to be about someone else. Don't address it head on, since you can't win.
And I am seeing that now among NSA supporters. Ironically, we're splitting the Republicans on this too, with Rand Paul and the vaguely libertarian "small government" faction opposing the authoritarian "national security state" faction. Democrats are split too, though. Hell, I think Obama himself is split. I'm not even sure that he is in control of this issue. The security apparat is pretty powerful and likes it autonomy. But that's no reason to accept the worst excuse in the world.