A Secret the Terrorists Already Knew

Privacy rights advocates, with whom we generally agree, have lumped this bank-monitoring program with the alleged National Security Agency wiretapping of calls in which at least one party is within the United States as examples of our government violating civil liberties in the name of counterterrorism. The two programs are actually very different.

Any domestic electronic surveillance without a court order, no matter how useful, is clearly illegal. Monitoring international bank transfers, especially with the knowledge of the bank consortium that owns the network, is legal and unobjectionable.

The International Economic Emergency Powers Act, passed in 1977, provides the president with enormous authority over financial transactions by America's enemies. International initiatives against money laundering have been under way for a decade, and have been aimed not only at terrorists but also at drug cartels, corrupt foreign officials and a host of criminal organizations.

These initiatives, combined with treaties and international agreements, should leave no one with any presumption of privacy when moving money electronically between countries. Indeed, since 2001, banks have been obliged to report even transactions entirely within the United States if there is reason to believe illegal activity is involved. Thus we find the privacy and illegality arguments wildly overblown.

So, too, however, are the Bush administration's protests that the press revelations about the financial monitoring program may tip off the terrorists. Administration officials made the same kinds of complaints about news media accounts of electronic surveillance. They want the public to believe that it had not already occurred to every terrorist on the planet that his telephone was probably monitored and his international bank transfers subject to scrutiny. How gullible does the administration take the American citizenry to be?

Terrorists have for many years employed nontraditional communications and money transfers — including the ancient Middle Eastern hawala system, involving couriers and a loosely linked network of money brokers — precisely because they assume that international calls, e-mail and banking are monitored not only by the United States but by Britain, France, Israel, Russia and even many third-world countries.

While this was not news to terrorists, it may, it appears, have been news to some Americans, including some in Congress. But should the press really be called unpatriotic by the administration, and even threatened with prosecution by politicians, for disclosing things the terrorists already assumed?

In the end, all the administration denunciations do is give the press accounts an even higher profile. If administration officials were truly concerned that terrorists might learn something from these reports, they would be wise not to give them further attention by repeatedly fulminating about them.

There is, of course, another possible explanation for all the outraged bloviating. It is an election year. Karl Rove has already said that if it were up to the Democrats, Abu Musab al-Zarqawi would still be alive. The attacks on the press are part of a political effort by administration officials to use terrorism to divide America, and to scare their supporters to the polls again this year.

The administration and its Congressional backers want to give the impression that they are fighting a courageous battle against those who would wittingly or unknowingly help the terrorists. And with four months left before Election Day, we can expect to hear many more outrageous claims about terrorism — from partisans on both sides. By now, sadly, Americans have come to expect it.

That is really what it all comes down to... An administration that believes it is above the law and completely unaccountable. The Supreme Court smackdown, demonstrates this very clearly. All the hell raising over the NYT revealations is more about raising the fear factor of Americans before the next election. Eh... I don't think it will work this time.

Others discussing:

Liberty Street, Democrat Taylor Marsh …, AMERICAblog and WTF Is It Now??

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Posted by: Marty at June 30, 2006 04:29 PM