Bush Administration Obtained Bank Data Without Court Subpoenas or Warrants
The New York Times reports on Operation Swift, through which the Bush Administration in the aftermath of 9/11 obtained bank records without court authorization:
Under a secret Bush administration program initiated weeks after the Sept. 11 attacks, counterterrorism officials have gained access to financial records from a vast international database and examined banking transactions involving thousands of Americans and others in the United States, according to government and industry officials.
.... 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 sensitive data was highly unusual, several officials said, and stirred concerns inside the administration about legal and privacy issues.
Because the program remains classified, those interviewed requested anonymity.
Nearly 20 current and former government officials and industry executives discussed aspects of the Swift operation with The New York Times on condition of anonymity because the program remains classified. Some of those officials expressed reservations about the program, saying that what they viewed as an urgent, temporary measure had become permanent nearly five years later without specific Congressional approval or formal authorization.
Administration officials asked the Times not to publish the story, but the Times decided not to honor their request. The LA Times has made a similar decision and reports on the program here.
TalkLeft's background on national security letters (administrative subpoenas) is here.
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