The Media’s War Against the War Continues

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The Media’s War Against the War Continues

The New York Times and Los Angeles Times expose a classified anti-terrorism program.

Nationalreview.com

By Andrew C. McCarthy

Excerpt:

Yet again, the New York Times was presented with a simple choice: help protect American national security or help al Qaeda.

Yet again, it sided with al Qaeda.

Once again, members of the American intelligence community had a simple choice: remain faithful to their oath — the solemn promise the nation requires before entrusting them with the secrets on which our safety depends — or violate that oath and place themselves and their subjective notions of propriety above the law.

Once again, honor was cast aside.

For the second time in seven months, the Times has exposed classified information about a program aimed at protecting the American people against a repeat of the September 11 attacks. On this occasion, it has company in the effort: The Los Angeles Times runs a similar, sensational story. Together, the newspapers disclose the fact that the United States has covertly developed a capability to monitor the nerve center of the international financial network in order to track the movement of funds between terrorists and their facilitators.

The effort, which the government calls the “Terrorist Finance Tracking Program” (TFTP), is entirely legal. There are no conceivable constitutional violations involved. The Supreme Court held in United States v. Miller (1976) that there is no right to privacy in financial-transaction information maintained by third parties. Here, moreover, the focus is narrowed to suspected international terrorists, not Americans, and the financial transactions implicated are international, not domestic. This is not data mining, and it does not involve fishing expeditions into the financial affairs of American citizens. Indeed, few Americans even have information that is captured by the program — though there would be nothing legally offensive even if they did.

And unlike the last vital program the New York Times compromised — the National Security Agency’s Terrorist Surveillance Program, which the same reporters, James Risen and Eric Lichtblau, exposed last December — there is not even a facially plausible concern that the TFTP violates statutory law. The provisions germane here (mainly, the Right to Financial Privacy Act that Congress enacted in 1978 in reaction to Miller) do not even apply to the nerve center at issue, the Society of Worldwide Interbank Financial Telecommunication.

That’s because SWIFT, as it is better known, is not a financial institution at all. It is a consortium, centered not in the U.S. but in Belgium, which simply — albeit importantly — oversees how funds are routed globally. It is a messenger, not a bank. Nevertheless, in an abundance of caution, the government uses administrative subpoenas — which were expressly provided for by Congress in the aforementioned Financial Privacy Act and the Patriot Act — when it seeks SWIFT information. That’s not just legal; it’s hyper-legal.

<snip>

No, the most salient thing we learn from today’s compromise of the TFTP is that the program has been highly effective at keeping us safe. According to the government, it has helped identify and locate terrorists and their financial backers; it has been instrumental in charting terrorist networks; and it has been essential in starving these savage organizations of their lifeblood: funding.

<snip>

It was in view of the TFTP’s palpable value in protecting American lives, its obvious legal propriety, and the plain fact that it was being responsibly conducted that the administration pleaded with the newspapers not to reveal it after government officials despicably leaked it. Exposing the program would tell the public nothing about official misconduct. It would accomplish only the educating of al Qaeda — the nation’s enemy in an ongoing war; an enemy well-known to be feverishly plotting new, massive attacks — about how better to evade our defenses. About how better to kill us.

Appealing to the patriotism of these newspapers proved about as promising as appealing to the humanity of the terrorists they so insouciantly edify — the same monsters who, as we saw again only a few days ago with the torture murder of two American soldiers, continue to define depravity down.

The newspapers, of course, said no. Why? What could outweigh the need to protect a valid effort to shield Americans from additional, barbarous attacks? Bill Keller, executive editor of the New York Times, smugly decreed that the Bush administration’s “access to this vast repository of international financial data” was, in his singularly impeccable judgment, “a matter of public interest.”

National Review

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It seems their guiding philosophy is National Security Be Damned. Dems have almost unanimously ranted to the high heavens about any and all surveillance programs. At the same time they have said they are big on national security. What I can't figure out is if dem supporters believe the rhetoric or they don't give a crap about national security.