There has been much harrumphing on the right side of the blogosphere about the Mary McCarthy CIA leak case. Another McCarthy wants the former CIA official in chains. Hugh Hewitt has a useful round-up of anti-leak bloggers. And, in principle, of course, they're all right. It is against the law for CIA officials to be leaking extremely classified information - especially information as sensitive as secret detention facilities. But all these comments seem to me to have ignored the critical and unmissable context. Yes, leaking is against the law. But what if the leaker is exposing something as grave as illegal torture? Isn't that when a leak becomes the blowing of a whistle? Wouldn't you want law-abiding officials within the CIA to do something if their own government is breaking American law, violating treaty obligations, breaking the law of other countries - and using the secrecy of the executive branch to conceal it?

Recall the story McCarthy is accused of leaking. Better still: go read it. It just won the Pulitzer Prize, and it richly deserved to. What Dana Priest reported was that the Bush administration had taken over former Soviet camps in Eastern Europe and adapted them to abuse and torture terror suspects. The detainees' innocence or guilt was never verified by anything approaching due process. For me, it represented the quintessence of Bush's betrayal of Reagan. Ronald Reagan helped liberate Eastern Europe from Communist tyranny. He wielded the moral authority of freedom and tore down the walls of Communism, a system where people could be detained without trial, "disappeared", and tortured. In an inversion as hideous as at Abu Ghraib, Bush's CIA was twisted into a reflection of our former enemy.

Many, many people in the military and CIA are in close-to-open revolt against these policies; many, many more have been placed in morally excruciating positions: they have been forced to choose between loyalty to their country and their conscience. They hate what this president has made them do: every fiber of their being as Americans and as moral individuals rebels against it. This doesn't necessarily excuse McCarthy legally. If she is guilty as charged, she probably should have quit first, disclosed all she knew and faced the legal consequences. But when the government itself breaks the law, when it violates ancient moral standards that Americans have fought and died for, sometimes people within the government have to stand up and be counted. McCarthy may well be one of those people. And, if that's true, I have a feeling that history will be much kinder to her than to her hyper-ventilating critics.

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