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 US 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 US 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.