During the Saturday that Saddam Hussein was being pulled out of his hole, Shrub was busy whittling your civil liberties even closer to the nub. Of course he didn’t do this on his own; he couldn’t have done it without the help of our elected Congress Critters (the Senate passed the legislation around Thanksgiving on a voice vote so as to spare the good Senators the embarrassment of their individual votes).
On 13 December 2003, President Bush II signed into law legislation granting the FBI even more power over the citizenry—including the power to sift through our financial records; even if we’re not suspected of committing a crime. By timing his signature with the capture of Hussein, Shrub assured that his enactment of part of USA PATRIOT II would see little, if any, media coverage. It was a safe bet; as it turns out, only David Martin’s San Antonio Current piece, “With a Whisper, Not a Bang,” offered coverage of the event.
Bush’s strategy is clearly to enact parts of USA PATRIOT II a little at a time in an attempt to avoid attracting the attention of civil libertarians and other activists.
The new law, entitled the Intelligence Authorization Act for Fiscal Year 2004, provides funding for all of the intelligence activities of the federal government. One of the more curious aspects of the legislation is broadening the definition of “financial institution.” Airlines, car dealers, casinos, insurance agencies, pawnbrokers, and even the U.S. Post Office are all considered financial institutions under the expanded definition, as is any business “whose cash transactions have a high degree of usefulness in criminal, tax, or regulatory matters.” Under the provisions of the new law, the FBI can obtain the financial records of any citizen merely by submitting a “National Security Letter” to the financial institution. No probable cause and no court hearing before a judge; the FBI doesn’t even have to provide a Congressional accounting regarding its use of the Letters. And if your records are seized, the financial institution is prohibited from informing you; a gag order automatically attaches to each and every National Security Letter.
Additionally, the law creates a new intelligence office in the Treasury Department and creates test programs to determine whether agencies should share raw data with each other as well as state and local governments.