Bob Barr

Retired, four-star Army Gen. David Petraeus is paying the price for his hubris in much the same way as did the mythical figure Icarus who, like Petraeus, thought himself invincible but discovered otherwise when he flew too close to the sun before crashing back to earth. The now-retired CIA Director flew not too close to the sun, but rather ignored basic rules of secrecy, and ran afoul of the virtually limitless powers of surveillance we have placed in the hands of the FBI and other government agencies.

Like former New York Gov. Eliot Spitzer before him, Petraeus’ sexual peccadillos were unmasked not by a scorned lover; rather they both were undone by surveillance tools lawfully lodged in the hands of federal regulators and investigators by the Congress of the United States.

In early 2008, Spitzer was forced to resign as governor of the Empire State when it was revealed he was enjoying the services of an exclusive call-girl service. The then-governor’s apparently long-running relationship came to the attention of the FBI not because its agents set out to catch Spitzer for sexual dalliances. What tipped off the feds were convoluted monetary transactions which Spitzer employed to pay for the escorts. These not-otherwise unlawful transactions initially were brought to the attention of federal investigators by financial institutions reporting what someone concluded were “suspicious transactions.”

Under federal law and pursuant to extensive federal regulations, employees of banks and other financial institutions are supposed to report any dealings of their customers which they deem “suspicious,” through what are called “Suspicious Activity Reports” (SARs). Unbeknownst to the average bank customer – and apparently even to some not-so-average customers like Spitzer – such documents may be filed and the data reflected therein data-based, without ever notifying the customer (and without ever securing a judicial warrant).

One thing can lead to another, and Bingo, a person’s private endeavors – whether legal or not – come to the attention of prosecuting authorities. If the victim of such investigation happens to be a public figure, the Icarus effect usually follows in short order.

Bob Barr

Bob Barr represented Georgia’s 7th district in the U.S. House of Representatives from 1995 -2003 and as U.S. Attorney for the Northern District of Georgia from 1986-1990.