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After Congress (and the country) objected, the Administration discontinued the "Total Information Awareness" program. Or, more exactly, they broke it into many pieces in many places. The information is still there, but some assembly is required.
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Many Treasury offices combine their forces to combat terrorist financing. The Executive Office for Terrorist Financing and Financial Crimes coordinates the U.S. process for designating and blocking the accounts of terrorists and those associated with financing terrorist activity, administers U.S. sanctions policy, and helps strengthen U.S. and international anti-money laundering and counter terrorist financing standards. The Terrorist Financing Unit of the Office of International Affairs works to maintain the international coalition against the financing of terrorism, especially by working with the Group of 7 Industrialized Nations (G-7) and International Financial Institutions (World Bank, International Monetary Fund, etc.). The Internal Revenue Service-Criminal Investigation Division, the Financial Crimes Enforcement Network (FinCEN), and the Office of Foreign Assets Control all help detect, disrupt, dismantle, and block terrorist financing operations. 2005White House
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President Bush set the tone on Sept. 24, 2001, declaring, "We're putting banks and financial institutions around the world on notice — we will work with their governments, ask them to freeze or block terrorists' ability to access funds in foreign accounts."
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"The current debate about United States monitoring of transfers over the Swift international financial system strikes us as a case of over-reaction by both the Bush administration and its critics."
Richard A. Clarke and Roger W. Cressey, counterterrorism officials on the National Security Council under Presidents Bill Clinton and George W. Bush NYT 6/30/06
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Thirty-five years ago yesterday, (6/30/1971) in the Supreme Court ruling that stopped the government from suppressing the secret Vietnam War history called the Pentagon Papers, Justice Hugo Black wrote: "The government's power to censor the press was abolished so that the press would remain forever free to censure the government. The press was protected so that it could bare the secrets of the government and inform the people."
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June 30, 2006
Op-Ed Contributors
A Secret the Terrorists Already Knew
By RICHARD A. CLARKE and ROGER W. CRESSEY
COUNTERTERRORISM has become a source of continuing domestic and international political controversy. Much of it, like the role of the Iraq war in inspiring new terrorists, deserves analysis and debate. Increasingly, however, many of the political issues surrounding counterterrorism are formulaic, knee-jerk, disingenuous and purely partisan. The current debate about United States monitoring of transfers over the Swift international financial system strikes us as a case of over-reaction by both the Bush administration and its critics.
Going after terrorists' money is a necessary element of any counterterrorism program, as President Bill Clinton pointed out in presidential directives in 1995 and 1998. Individual terrorist attacks do not typically cost very much, but running terrorist cells, networks and organizations can be extremely expensive.
Al Qaeda, Hamas, Hezbollah and other terrorist groups have had significant fund-raising operations involving solicitation of wealthy Muslims, distribution of narcotics and even sales of black market cigarettes in New York. As part of a "follow the money" strategy, monitoring international bank transfers is worthwhile (even if, given the immense number of transactions and the relatively few made by terrorists, it is not highly productive) because it makes operations more difficult for our enemies. It forces them to use more cumbersome means of moving money.
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.
Richard A. Clarke and Roger W. Cressey, counterterrorism officials on the National Security Council under Presidents Bill Clinton and George W. Bush, are security consultants.
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June 25, 2006
Letter From Bill Keller on The Times's Banking Records Report
The following is a letter Bill Keller, the executive editor of The Times, has sent to readers who have written to him about The Times's publication of information about the government's examination of international banking records:
I don't always have time to answer my mail as fully as etiquette demands, but our story about the government's surveillance of international banking records has generated some questions and concerns that I take very seriously. As the editor responsible for the difficult decision to publish that story, I'd like to offer a personal response.
Some of the incoming mail quotes the angry words of conservative bloggers and TV or radio pundits who say that drawing attention to the government's anti-terror measures is unpatriotic and dangerous. (I could ask, if that's the case, why they are drawing so much attention to the story themselves by yelling about it on the airwaves and the Internet.) Some comes from readers who have considered the story in question and wonder whether publishing such material is wise. And some comes from readers who are grateful for the information and think it is valuable to have a public debate about the lengths to which our government has gone in combatting the threat of terror.
It's an unusual and powerful thing, this freedom that our founders gave to the press. Who are the editors of The New York Times (or the Wall Street Journal, Los Angeles Times, Washington Post and other publications that also ran the banking story) to disregard the wishes of the President and his appointees? And yet the people who invented this country saw an aggressive, independent press as a protective measure against the abuse of power in a democracy, and an essential ingredient for self-government. They rejected the idea that it is wise, or patriotic, to always take the President at his word, or to surrender to the government important decisions about what to publish.
The power that has been given us is not something to be taken lightly. The responsibility of it weighs most heavily on us when an issue involves national security, and especially national security in times of war. I've only participated in a few such cases, but they are among the most agonizing decisions I've faced as an editor.
The press and the government generally start out from opposite corners in such cases. The government would like us to publish only the official line, and some of our elected leaders tend to view anything else as harmful to the national interest. For example, some members of the Administration have argued over the past three years that when our reporters describe sectarian violence and insurgency in Iraq, we risk demoralizing the nation and giving comfort to the enemy. Editors start from the premise that citizens can be entrusted with unpleasant and complicated news, and that the more they know the better they will be able to make their views known to their elected officials. Our default position — our job — is to publish information if we are convinced it is fair and accurate, and our biggest failures have generally been when we failed to dig deep enough or to report fully enough. After The Times played down its advance knowledge of the Bay of Pigs invasion, President Kennedy reportedly said he wished we had published what we knew and perhaps prevented a fiasco. Some of the reporting in The Times and elsewhere prior to the war in Iraq was criticized for not being skeptical enough of the Administration's claims about the Iraqi threat. The question we start with as journalists is not "why publish?" but "why would we withhold information of significance?" We have sometimes done so, holding stories or editing out details that could serve those hostile to the U.S. But we need a compelling reason to do so.
Forgive me, I know this is pretty elementary stuff — but it's the kind of elementary context that sometimes gets lost in the heat of strong disagreements.
Since September 11, 2001, our government has launched broad and secret anti-terror monitoring programs without seeking authorizing legislation and without fully briefing the Congress. Most Americans seem to support extraordinary measures in defense against this extraordinary threat, but some officials who have been involved in these programs have spoken to the Times about their discomfort over the legality of the government's actions and over the adequacy of oversight. We believe The Times and others in the press have served the public interest by accurately reporting on these programs so that the public can have an informed view of them.
Our decision to publish the story of the Administration's penetration of the international banking system followed weeks of discussion between Administration officials and The Times, not only the reporters who wrote the story but senior editors, including me. We listened patiently and attentively. We discussed the matter extensively within the paper. We spoke to others — national security experts not serving in the Administration — for their counsel. It's worth mentioning that the reporters and editors responsible for this story live in two places — New York and the Washington area — that are tragically established targets for terrorist violence. The question of preventing terror is not abstract to us.
The Administration case for holding the story had two parts, roughly speaking: first that the program is good — that it is legal, that there are safeguards against abuse of privacy, and that it has been valuable in deterring and prosecuting terrorists. And, second, that exposing this program would put its usefulness at risk.
It's not our job to pass judgment on whether this program is legal or effective, but the story cites strong arguments from proponents that this is the case. While some experts familiar with the program have doubts about its legality, which has never been tested in the courts, and while some bank officials worry that a temporary program has taken on an air of permanence, we cited considerable evidence that the program helps catch and prosecute financers of terror, and we have not identified any serious abuses of privacy so far. A reasonable person, informed about this program, might well decide to applaud it. That said, we hesitate to preempt the role of legislators and courts, and ultimately the electorate, which cannot consider a program if they don't know about it.
We weighed most heavily the Administration's concern that describing this program would endanger it. The central argument we heard from officials at senior levels was that international bankers would stop cooperating, would resist, if this program saw the light of day. We don't know what the banking consortium will do, but we found this argument puzzling. First, the bankers provide this information under the authority of a subpoena, which imposes a legal obligation. Second, if, as the Administration says, the program is legal, highly effective, and well protected against invasion of privacy, the bankers should have little trouble defending it. The Bush Administration and America itself may be unpopular in Europe these days, but policing the byways of international terror seems to have pretty strong support everywhere. And while it is too early to tell, the initial signs are that our article is not generating a banker backlash against the program.
By the way, we heard similar arguments against publishing last year's reporting on the NSA eavesdropping program. We were told then that our article would mean the death of that program. We were told that telecommunications companies would — if the public knew what they were doing — withdraw their cooperation. To the best of my knowledge, that has not happened. While our coverage has led to much public debate and new congressional oversight, to the best of our knowledge the eavesdropping program continues to operate much as it did before. Members of Congress have proposed to amend the law to put the eavesdropping program on a firm legal footing. And the man who presided over it and defended it was handily confirmed for promotion as the head of the CIA.
A secondary argument against publishing the banking story was that publication would lead terrorists to change tactics. But that argument was made in a half-hearted way. It has been widely reported — indeed, trumpeted by the Treasury Department — that the U.S. makes every effort to track international financing of terror. Terror financiers know this, which is why they have already moved as much as they can to cruder methods. But they also continue to use the international banking system, because it is immeasurably more efficient than toting suitcases of cash.
I can appreciate that other conscientious people could have gone through the process I've outlined above and come to a different conclusion. But nobody should think that we made this decision casually, with any animus toward the current Administration, or without fully weighing the issues.
Thanks for writing.
Regards,
Bill Keller
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http://zfacts.com/p/402.html | 01/18/12 07:19 GMT
Modified: Sun, 02 Jul 2006 18:44:37 GMT
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