UPDATE: Keller and Baquet Respond to Criticism of Bank Records Scoop

By: E&P Staff Treasury Secretary John Snow late Monday added his two cents to criticism of The New York Times for publishing last Friday revelations about the bank records surveillance program -- following in the wake of President Bush, Vice President Cheney, White House Press Secretary Snow, and numerous other Republicans. He did a little differently, penning a note to the Times itself.

Snow said in the letter that over the past two months he and other administration officials had engaged in a ?vigorous dialogue? with reporters and editors at the newspaper trying to persuade them to refrain from revealing the program.

He said the effort to persuade the paper not to publish also included former Gov. Thomas Kean of New Jersey and former Rep. Lee Hamilton of Indiana, the co-chairmen of the 9-11 commission, as well as a number of members of Congress and top government officials.

?In choosing to expose this program, despite repeated pleas from high-level officials on both sides of the aisle, including myself, the Times undermined a highly successful counterterrorism program and alerted terrorists to the methods and sources used to track their money trail,? Snow wrote.

The Times' executive editor, Bill Keller, posted a lengthy letter on the newspaper's Web site Sunday, defending the article, but the paper was silent to all of the fresh criticism until late Monday, when the Times published an e-mail statement that he penned.

Keller called the decision to publish been "a hard call," but observed that since the 9/11 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."

He added, "I think it would be arrogant for us to pre-empt the work of Congress and the courts by deciding these programs are perfectly legal and abuse-proof, based entirely on the word of the government."

On Tuesday, Dean Baquet, editor of the Los Angeles Times, also defended his paper's decision to go with an article on this subject. Here is an excerpt from his published response, followed by the text of Treasury Secretary Snow's letter.

*
Dean Baquet:

The decision to publish this article was not one we took lightly. We considered very seriously the government's assertion that these disclosures could cause difficulties for counterterrorism programs. And we weighed that assertion against the fact that there is an intense and ongoing public debate about whether surveillance programs like these pose a serious threat to civil liberties.

We sometimes withhold information when we believe that reporting it would threaten a life. In this case, we believed, based on our talks with many people in the government and on our own reporting, that the information on the Treasury Department's program did not pose that threat. Nor did the government give us any strong evidence that the information would thwart true terrorism inquiries. In fact, a close read of the article shows that some in the government believe that the program is ineffective in fighting terrorism.

In the end, we felt that the legitimate public interest in this program outweighed the potential cost to counterterrorism efforts.

Some readers have seen our decision to publish this story as an attack on the Bush administration and an attempt to undermine the war on terror.

We are not out to get the president. This newspaper has done much hard-hitting reporting on terrorism, from around the world, often at substantial risk to our reporters. We have exposed terrorist cells and led the way in exposing the work of terrorists. We devoted a reporter to covering Al Qaeda's role in world terrorism in the months before 9/11. I know, because I made the assignment.

But we also have an obligation to cover the government, with its tremendous power, and to offer information about its activities so citizens can make their own decisions. That's the role of the press in our democracy.

The founders of the nation actually gave us that role, and instructed us to follow it, no matter the cost or how much we are criticized. Thomas Jefferson said, "Whenever the people are well-informed, they can be trusted with their own government." That's the edict we followed.

This was a tough call for me, as I'm sure it was for the editors of other papers that chose to publish articles on the subject. But history tells us over and over that the nation's founders were right in pushing the press into this role. President Kennedy persuaded the press not to report the Bay of Pigs planning. He later said he regretted this, that he might have called it off had someone exposed it.

History has taught us that the government is not always being honest when it cites secrecy as a reason not to publish. No one believes, in retrospect, that there was any true reason to withhold the Pentagon Papers, although the government fought vigorously to keep them from being published by the New York Times and the Washington Post. As Justice Hugo Black put it in that case: "The guarding of military and diplomatic secrets at the expense of informed representative government provides no real security for our Republic."

I don't expect all of our readers to agree with my call. But understand that it was one taken with serious reflection and supported by much history.
*

Treasury Secretary Snow's letter:

Dear Mr. Keller:

The New York Times' decision to disclose the Terrorist Finance Tracking Program, a robust and classified effort to map terrorist networks through the use of financial data, was irresponsible and harmful to the security of Americans and freedom-loving people worldwide. In choosing to expose this program, despite repeated pleas from high-level officials on both sides of the aisle, including myself, the Times undermined a highly successful counter-terrorism program and alerted terrorists to the methods and sources used to track their money trails.

Your charge that our efforts to convince The New York Times not to publish were "half-hearted" is incorrect and offensive. Nothing could be further from the truth.

Over the past two months, Treasury has engaged in a vigorous dialogue with the Times - from the reporters writing the story to the D.C. Bureau Chief and all the way up to you. It should also be noted that the co-chairmen of the bipartisan 9-11 Commission, Governor Tom Kean and Congressman Lee Hamilton, met in person or placed calls to the very highest levels of the Times urging the paper not to publish the story. Members of Congress, senior U.S. Government officials and well-respected legal authorities from both sides of the aisle also asked the paper not to publish or supported the legality and validity of the program.

Indeed, I invited you to my office for the explicit purpose of talking you out of publishing this story. And there was nothing "half-hearted" about that effort. I told you about the true value of the program in defeating terrorism and sought to impress upon you the harm that would occur from its disclosure. I stressed that the program is grounded on solid legal footing, had many built-in safeguards, and has been extremely valuable in the war against terror.

Additionally, Treasury Under Secretary Stuart Levey met with the reporters and your senior editors to answer countless questions, laying out the legal framework and diligently outlining the multiple safeguards and protections that are in place.

You have defended your decision to compromise this program by asserting that "terror financiers know" our methods for tracking their funds and have already moved to other methods to send money. The fact that your editors believe themselves to be qualified to assess how terrorists are moving money betrays a breathtaking arrogance and a deep misunderstanding of this program and how it works. While terrorists are relying more heavily than before on cumbersome methods to move money, such as cash couriers, we have continued to see them using the formal financial system, which has made this particular program incredibly valuable.

Lastly, justifying this disclosure by citing the "public interest" in knowing information about this program means the paper has given itself free license to expose any covert activity that it happens to learn of - even those that are legally grounded, responsibly administered, independently overseen, and highly effective. Indeed, you have done so here.

What you've seemed to overlook is that it is also a matter of public interest that we use all means available - lawfully and responsibly - to help protect the American people from the deadly threats of terrorists. I am deeply disappointed in the New York Times.

Sincerely,

John W. Snow, Secretary
U.S. Department of the Treasury