In what may or may not be an unprecedented action, the New York Times’ executive editor, Bill Keller, has written a “letter” on his paper’s banking records article.

    “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.”

At best, the Times is accurately reporting what those who are discomforted have to say about the programs. It isn’t in a position to assess the accuracy of the dissenters’ depictions of the programs. Human nature being what it is, to assume that the dissenters’ depictions are entirely faithful to reality is to be incredibly naive.

    “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.”

By publishing the story, the Times is passing judgment on whether the program is legal. I doubt very much that the Times would publish an article having as its headline “Secret Intelligence Program Is Legal”. If the paper thought it was legal, what would be the point of disclosing it? To publish an article on a secret program after the government has requested that it not be published necessarily implies that the Times believes that its legality is questionnable. And to do so without having identified any privacy abuses is to indict the government for a victimless crime.

    “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.”

No animus?