Just another Reality-based bubble in the foam of the multiverse.

Tuesday, June 27, 2006

Bait and SWIFT

"Congress was briefed," Mr. Bush said. "And what we did was fully authorized under the law. And the disclosure of this program is disgraceful. We're at war with a bunch of people who want to hurt the United States of America, and for people to leak that program, and for a newspaper to publish it, does great harm to the United States of America..."

In his remarks during a brief photo session in the Roosevelt Room of the White House, Mr. Bush appeared irritated, at times leaning forward for emphasis, though he did not mention any newspaper by name.

Mr. Cheney, who had earlier said he was offended by news accounts of the financial tracking program, on Monday went a step further, singling out The Times for criticism in a separate appearance at a fundraising luncheon for a Republican candidate for Congress, Adrian Smith, in Grand Island, Neb.

The executive editor of The Times, Bill Keller, said in an e-mail statement on Monday evening that the decision to publish had been "a hard call." But Mr. Keller noted that since the Sept. 11, 2001, terrorist attacks, the Bush administration has "embarked on a number of broad, secret programs aimed at combating terrorism, often without seeking new legal authority or submitting to the usual oversight..."

Administration officials had argued strongly that in reporting on the financial tracking operation, The Times would endanger national security by prompting the Belgian banking consortium that maintains the financial data to withdraw from the program. On Sunday, Mr. Keller, the paper's executive editor, posted a letter on The New York Times Web site saying that the newspaper "found this argument puzzling," partly because the banking consortium is compelled by subpoena to comply...

On Capitol Hill, the financial-tracking program itself has not generated much criticism, even from Democrats, since its existence was disclosed. A spokesman for Senator Harry Reid of Nevada, the Democratic leader, said Mr. Reid was briefed on the program several weeks ago and had concluded that "it does not appear to be based on the same shaky and discredited legal analysis the vice president and his allies invoked to underpin the N.S.A. domestic spying program."

An exception has been Representative Edward J. Markey, Democrat of Massachusetts, who has made privacy a signature issue and who said in an interview Monday that the Bush administration was adopting a strategy of "shoot the messenger" in trying to avoid Congressional oversight of the financial tracking program.

"There are very serious constitutional and legal questions that have been raised," Mr. Markey said, "and they're being obscured by this almost ad hominem attack on The New York Times."

Administration officials have held classified briefings about the banking program for some members of Congress and the Sept. 11 commission, intelligence and law enforcement officials said, and more lawmakers were briefed after the administration learned that The Times was making inquiries for an article about the program.


It's no surprise Harry Reid doesn't want to rock the finance investigation boat. Neither of course does the D.L.C. Of course the Rethuglicans back their Dear Leader entirely on this, and now their echo chamber is fully engaged in accusations of treason.

So what's so special about the finance transactions discussed in The New York Pravda last week?

...The program is limited, government officials say, to tracing transactions of people suspected of having ties to Al Qaeda by reviewing records from the nerve center of the global banking industry, a Belgian cooperative that routes about $6 trillion daily between banks, brokerages, stock exchanges and other institutions. The records mostly involve wire transfers and other methods of moving money overseas and into and out of the United States. Most routine financial transactions confined to this country are not in the database...

The program... is a significant departure from typical practice in how the government acquires Americans' financial records. Treasury officials did not seek individual court-approved warrants or subpoenas to examine specific transactions, instead relying on broad administrative subpoenas for millions of records from the cooperative, known as Swift.

That access to large amounts of confidential data was highly unusual, several officials said, and stirred concerns inside the administration about legal and privacy issues.

"The capability here is awesome or, depending on where you're sitting, troubling," said one former senior counterterrorism official who considers the program valuable. While tight controls are in place, the official added, "the potential for abuse is enormous..."

Data from the Brussels-based banking consortium, formally known as the Society for Worldwide Interbank Financial Telecommunication, has allowed officials from the C.I.A., the Federal Bureau of Investigation and other agencies to examine "tens of thousands" of financial transactions...

While many of those transactions have occurred entirely on foreign soil, officials have also been keenly interested in international transfers of money by individuals, businesses, charities and other groups under suspicion inside the United States, officials said...

Treasury officials said Swift was exempt from American laws restricting government access to private financial records because the cooperative was considered a messaging service, not a bank or financial institution...

Swift's database provides a rich hunting ground for government investigators. Swift is a crucial gatekeeper, providing electronic instructions on how to transfer money among 7,800 financial institutions worldwide. The cooperative is owned by more than 2,200 organizations, and virtually every major commercial bank, as well as brokerage houses, fund managers and stock exchanges, uses its services. Swift routes more than 11 million transactions each day, most of them across borders.

The cooperative's message traffic allows investigators, for example, to track money from the Saudi bank account of a suspected terrorist to a mosque in New York. Starting with tips from intelligence reports about specific targets, agents search the database in what one official described as a "24-7" operation. Customers' names, bank account numbers and other identifying information can be retrieved, the officials said...

Swift's 25-member board of directors, made up of representatives from financial institutions around the world, was previously told of the program. The Group of 10's central banks, in major industrialized countries, which oversee Swift, were also informed. It is not clear if other network participants know that American intelligence officials can examine their message traffic.

Because Swift is based overseas and has offices in the United States, it is governed by European and American laws. Several international regulations and policies impose privacy restrictions on companies that are generally regarded as more stringent than those in this country. United States law establishes some protections for the privacy of Americans' financial data, but they are not ironclad. A 1978 measure, the Right to Financial Privacy Act, has a limited scope and a number of exceptions, and its role in national security cases remains largely untested.

Several people familiar with the Swift program said they believed that they were exploiting a "gray area" in the law and that a case could be made for restricting the government's access to the records on Fourth Amendment and statutory grounds. They also worried about the impact on Swift if the program were disclosed.

"There was always concern about this program," a former official said...

The idea for the Swift program, several officials recalled, grew out of a suggestion by a Wall Street executive, who told a senior Bush administration official about Swift's database. Few government officials knew much about the consortium, which is led by a Brooklyn native, Leonard H. Schrank, but they quickly discovered it offered unparalleled access to international transactions. Swift, a former government official said, was "the mother lode, the Rosetta stone" for financial data.

Intelligence officials were so eager to use the Swift data that they discussed having the C.I.A. covertly gain access to the system, several officials involved in the talks said. But Treasury officials resisted, the officials said, and favored going to Swift directly.

At the same time, lawyers in the Treasury Department and the Justice Department were considering possible legal obstacles to the arrangement, the officials said.

In 1976, the Supreme Court ruled that Americans had no constitutional right to privacy for their records held by banks or other financial institutions. In response, Congress passed the Right to Financial Privacy Act two years later, restricting government access to Americans' banking records. In considering the Swift program, some government lawyers were particularly concerned about whether the law prohibited officials from gaining access to records without a warrant or subpoena based on some level of suspicion about each target...


If there are broad powers to abuse, this crowd will abuse them.

There are funny things happening to money associated with Al Qaeda and National Security and the War on Terra. Funny things happened to buildings associated with these fund transfers- buildings that went down even though they weren't hit by airliners. The extent of these funny transfers?

Enquiring minds want to know, because a lot of money moved on the day before 9/11/2001. The only problem is, when you look where it goes, you might be a little surprised.

Some of it- quite a lot of it on our government's end, just disappears.

Quite a lot of funny money has passed between the Bush family and the Saudi Royal family over the years.

Quite a few people know about it.

So much of it in fact that the whole classified SWIFT database search may be something of a red herring: Al Qaeda knew about it, because Dear Leader announced he was doing it years ago, and it may give the Administration the excuse it needs to abolish the story completely from the main$tream media.

If not the tools to abolish all anti-Administration reports from any main$tream news source anywhere.

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