Very much like the SWIFT program, the terrorist-financing intelligence program that the Times blew today is a perfectly legal method of trying to "follow the money," which every expert (including the Baker-Hamilton Iraq Study Group, as well as each of these newspapers in editorials) argued was the best way to expose terrorists and their plots before they came to fruition:

The F.B.I., the lead agency on domestic counterterrorism and espionage, has issued thousands of national security letters since the attacks of Sept. 11, 2001, provoking criticism and court challenges from civil liberties advocates who see them as unjustified intrusions into Americans’ private lives.

But it was not previously known, even to some senior counterterrorism officials, that the Pentagon and the Central Intelligence Agency have been using their own “noncompulsory” versions of the letters. Congress has rejected several attempts by the two agencies since 2001 for authority to issue mandatory letters, in part because of concerns about the dangers of expanding their role in domestic spying.

I'll bet it was "not previously known" to the terrorists, either. Thank goodness the New York Times has undertaken to keep them up to speed.

And once again, it appears that anonynous "intelligence officials" are the original source of the Times' information about the program (which they are now blowing), though "Pentagon officials" may also be leaking -- in fact, the leakers could be "military intelligence officers," who would fit both descriptions:

Military intelligence officers have sent letters in up to 500 investigations over the last five years, two officials estimated. The number of letters is likely to be well into the thousands, the officials said, because a single case often generates letters to multiple financial institutions. For its part, the C.I.A. issues a handful of national security letters each year, agency officials said. Congressional officials said members of the House and Senate Intelligence Committees had been briefed on the use of the letters by the military and the C.I.A.

So not only is it perfectly legal -- in the entire article, the New York Times never even questions the legality -- but in addition, the Bush administration has kept Congress well informed via the intelligence committees of what it's doing. (The closest the Times comes to suggesting something is wrong with the program is to note that "Some national security experts and civil liberties advocates are troubled," and that one attorney defending a chaplain initially suspected of aiding terrorists was "disturbed.")

It may be illustrative to put this into ordinary criminal terms, so we can examine the pheneomenon without the extra baggage of terrorism, the military, the CIA, and the Bush administration. Imagine that the New York City police are investigating the Gambino Mafia family:

• They start clandestinely intercepting phone calls either to or from known members of the Gambino crime organization; but the New York Times prints a front-page exposé of that operation, claiming there is a problem with the warrant that may, perhaps, render the phone intercept illegal. The Gambinos cease using their phone for crime-related purposes, shifting to other forms of communication.
• Next, the city obtains search warrants for two different businesses owned by the Gambinos and suspected of laundering money for them. On the eve of each search, a reporter from the Times telephones the casino and asks, "you're about to be searched by the NYPD... how do you feel about that?" In each case, when the cops search the next day, the financial records appear sanitized.
• Then the city starts using provisions of RICO (the Racketeer Influenced Corrupt Organizations Act) to obtain bank records for the Gambino family and companies that it owns; the Times swiftly runs a front-page story to that effect -- admitting that the city was in full compliance with the law in trying to get that information -- and the Gambinos shift to banks in the Cayman Islands for all future banking, while all compromised individuals flee to countries with no extradition treaties with the United States, continuing Gambino operations from those locations.
• Finally, NYC sends letters to various credit card companies, requesting that the companies voluntarily turn over the records of named individuals and companies who are known members or affiliates of the Gambinos. The New York Times even outs that voluntary attempt as soon as they hear about it, again not even bothering to allege that there is anything illegal about this... merely citing "civil liberties advocates" who are "troubled" by all this attention paid to a group of people who haven't yet been proven guilty.

At this point, I believe an independent observer could be forgiven for concluding that the newspaper did not want the Gambinos stopped or prosecuted, but would rather they were allowed to continue their nefarious activies without police interference. In fact, I don't think it unreasonable to say that the New York Times, in this hypothetical, has functioned as an accessory to those crimes. It has certainly been on a crusade to run interference for them, alerting them to every attempt by the city to obtain enough evidence to prosecute.

It can't be illegality that has been driving the elite media's crusade to run interference for terrorists in America, because they don't even allege it except for the NSA program. So what does drive them? A pair of grafs buried deep in the Times story reveals what's really eating at the newspaper (and by extension, the elite media in general) about anti-terrorism intelligence programs:

The Pentagon’s expanded intelligence-gathering role, in particular, has created occasional conflicts with other federal agencies. Pentagon efforts to post American military officers at embassies overseas to gather intelligence for counterterrorism operations or future war plans has rankled some State Department and C.I.A. officials, who see the military teams as duplicating and potentially interfering with the intelligence agency.

In the United States, the Federal Bureau of Investigation has complained about military officials dealing directly with local police -- rather than through the bureau -- for assistance in responding to possible terrorist threats against a military base. F.B.I. officials say the threats have often turned out to be uncorroborated and, at times, have stirred needless anxiety.

In other words, the Times editors are upset because they believe that the State Department (and their conjoined twin, the CIA) -- rather than the Department of Defense -- should take the lead in all terrorist investigations... because State's orientation is entirely towards "solving" the problem of global jihadism (or "sacred terror," as Daniel Benjamin and Steven Simon call it) by sitting down with jihadis and negotiating... understanding them, feeling their pain, and offering them political and economic bribes to go attack someone else instead.

It may be appropriate, as Thomas P.M. Barnett argues in the Pentagon's New Map, that State take the lead in constructing the new "rule-sets" by which the democratic nations in the "Functioning Core" identify the lawless regions of the "Non-Integrating Gap" and move them, by force if necessary, out of their isolation and into the global network of democratic decision-making. But he also argues that enforcement of those new rule-sets often requires the brute force of the military; you cannot get by on mere cajoling, begging, and bribing by diplomats alone.

Even when enforcement is required, the media prefer the FBI (not DoD) to handle it, because they see terrorism as "just a crime," after all (albeit a large one that kills hundreds): It should be handled entirely by terrorists being arrested, extradited, and granted fair trials in American civilian courts... where they can be represented pro bono publico by the biggest and most powerful law firms in the country.

Which is, of course, tantamount to wanting them to be acquitted and released. Civilian courts are ill-equipped to handle trials of global jihadists, because they are vulnerable to the standard defense technique of demanding so many critical, classified national-security documents in discovery motions -- motions that are routinely granted by many Clinton-appointed federal judges -- that the administraiton eventually has to drop the case rather than compromise our most vital anti-terrorism secrets.

The Times is not unaware of this loophole.

If somebody can suggest a more honorable reason for such a relentless crusade to blow every, single anti-terrorism program we have, I wish he would suggest it. It's horrible to think that the people controlling what is ultimately our only source of national and international news deliberately manipulate that news in order to engineer a successful terrorist attack on America's heartland, for political reasons of their own; but I have yet to think up an alternative motvation that fits the facts.