BCT Editorial – 1/18/07

This page was last updated on January 18, 2007.

Federal agents should seek court approval before accessing bank records; Editorial; Beaver County Times; January 18, 2007.

Below is a detailed critique of the subject editorial.

“Since 2001, the military and CIA have been secretly scrutinizing the financial records of military personnel and other citizens suspected of being spies or having links to terrorists.”

[RWC] You have to love the use of “secretly” in this sentence. Does the Times recommend “the military and CIA” tell spy suspects when we’re spying on them?

“The New York Times reported this week that the activity is part of a strategic government effort to escalate domestic intelligence gathering in wake of 9/11.

“Pentagon and CIA operatives have been using what are known as national security letters to access information, including personal assets and credit and bank transactions, the newspaper reported. The letters do not mandate disclosure, but financial institutions usually turn over the records voluntarily.

“Government attorneys say the practice is legal and dates back 30 years, which means the government believes it can access the records without consulting a court.

“That presents a problem for members of civil liberties groups, who believe that delving into personal financial data constitutes an unnecessary intrusion into private lives.

“U.S. Rep. Slivestre [sic] Reyes, D-Texas, who chairs the House Intelligence Committee, has also expressed concern and said his committee would look into the matter.”

[RWC] As a reminder, Rep. Silvestre was the guy who couldn’t answer simple questions about Middle East terrorist groups.

“Vice President Dick Cheney defended the action this week saying national security letters were a valuable tool for investigating cases of domestic terrorism.

“‘It doesn’t violate people’s civil rights. And if an institution that receives one of these national security letters disagrees with it, they’re free to go to court to try to stop its execution,’ Cheney told Fox News.

“Accessing private financial information is another step the Bush administration has taken in the name of counter-terrorism that further erodes what had been a sacrosanct privacy prior to 9/11.”

[RWC] “[S]acrosanct privacy prior to 9/11?” Didn’t the editorial five paragraphs back tell us “the practice is legal and dates back 30 years?” I could be mistaken, but I don’t believe President Bush was president in 1977. 30 years ago puts us in the era of the Carter and Ford administrations.

“Just like previously reported secret phone taps and covert snooping through private mail, prying into the financial records of citizens is further evidence that the administration has gone too far.

“And that’s a scary thing.

“If the federal government suspects that someone is connected to espionage or terrorism, it should have to consult a court before agents begin tapping phones, opening mail and accessing financial records.”

[RWC] Regarding the “tapping phones, opening mail” comment, that’s a reference to the Terrorist Surveillance Program and I’ve covered it in detail in previous critiques.

Courts have consistently ruled financial records are the same as other business records and belong to the financial institutions, not the individual. Above, the editorial concedes, “The letters do not mandate disclosure.” That means agents already need a court order if the financial institution chooses not to turn over records voluntarily. I guess the author hopes we aren’t reading the editorial very carefully.

“The courts are our only protection against overly aggressive government tactics.”

[RWC] What is this faith in courts? Didn’t courts recently rule government could take private property and give it to someone else? Didn’t courts rule against freedom of speech in upholding the McCain-Feingold bill?

“Remember that the next time you open your monthly bank statement. Big Brother could very well be peeking over your shoulder.”

[RWC] Isn’t it the Times that accuses others of fear mongering? Are we to believe the government has the resources to review the bank records of 300 million Americans?

If the Times is so concerned about providing the government with financial data, why haven’t we seen any editorials decrying the wealth of financial data we must turn over to the government just to file our income taxes?