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.