BY NOW IT'S UNDENIABLE: The New York Times is a national security threat. So drunk is it on its own power and so antagonistic to the Bush administration that it will expose every classified antiterror program it finds out about, no matter how legal the program, how carefully crafted to safeguard civil liberties, or how vital to protecting American lives.
The Times's latest revelation of a national security secret appeared on last Friday's front page--where no al Qaeda operative could possibly miss it. Under the deliberately sensational headline, "Bank Data Sifted in Secret by U.S. to Block Terror," the Times blows the cover on a highly targeted program to locate terrorist financing networks. According to the report, since 9/11, the Bush administration has obtained information about terror suspects' international financial transactions from a Belgian clearinghouse of international money transfers. . . .
There is nothing about this program that exudes even a whiff of illegality. The Supreme Court has squarely held that bank records are not constitutionally protected private information. The government may obtain them without seeking a warrant from a court, because the bank depositor has already revealed his transactions to his bank--or, in the case of the present program, to a whole slew of banks that participate in the complicated international wire transfers overseen by the Belgian clearinghouse known as the Society for Worldwide Interbank Financial Telecommunication, or Swift. To get specific information about individual terror suspects, intelligence agents prepare an administrative subpoena, which is issued after extensive internal agency review. The government does not monitor a terror suspect's international wire transfers in real time; the records of his transactions are delivered weeks later. And Americans' routine financial transactions, such as ATM withdrawals or domestic banking, lie completely outside of the Swift database.
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