Editorial: Misplaced blame

Wednesday, June 28, 2006 | 7:25 a.m.

P resident Bush and other administration officials have attacked The New York Times for revealing a secret program in which the U.S. government routinely examines international banking transactions, including those involving Americans.

According to the Times story published Friday, the program began soon after the 9/11 terrorist attacks. Counterterrorism officials use broad subpoenas to obtain access to a massive banking database that is maintained by a Belgian company. The company routes about $6 trillion daily among various financial institutions.

Treasury Department officials told the Times that the program has helped the United States capture terror suspects and that it is "without a doubt, a legal and proper use" of the department's authority. But, as The Times pointed out, the surveillance is "a significant departure" from the manner in which government typically acquires access to Americans' financial records. Rather than seeking individual court-approved warrants, Treasury officials used broad administrative subpoenas.

The president called disclosure of the program "disgraceful," adding it "does great harm" to the nation - even though he and other administration officials had long ago publicly revealed its basic existence. Others have called for rescinding the Times' press credentials and prosecuting the reporters and editors involved for treason.

Bush administration officials have issued broad statements saying that the program is legal. But they have stopped short of fully addressing the concerns raised by critics who wonder whether the program violates the U.S. Constitution or any laws. Such suspicions are not without merit, given the still-questionable status of the Bush administration's secret eavesdropping on domestic telephone calls and Internet communications - a program the Times revealed last year.

The Bush administration's claims that its banking surveillance is legal and includes proper privacy safeguards would be easier to believe if Bush and his officials had a better track record. But this administration is one that acts in secrecy and attacks those who question its motives or actions. A government operating without public oversight - even in times of war - is not a democracy.