The Press Discovers Unintended Consequences

Michael Barone writes today about the blowback that the press may soon experience because of its publication of national secrets:

Last month, The New York Times and The Washington Post won Pulitzer Prizes for their stories on National Security Agency surveillance and CIA secret prisons in Eastern Europe. Soon, they may be getting subpoenas. If so, the papers shouldn't be surprised.

In July 2003, when columnist Robert Novak printed the name of a CIA analyst, the Times self-righteously demanded an investigation of White House aides to determine if they violated the law by leaking her name. With glee, Bush haters charged that this disclosure wreaked grave damage on national security. In time, a special prosecutor was appointed. He has charged no one with violating the law at issue, the Intelligence Identities Protection Act. But he did jail then-Times reporter Judith Miller for refusing to testify, until she finally agreed to do so. Blowback.

This may be only the beginning. Two weeks ago, the CIA fired analyst Mary McCarthy for disclosing classified information to a reporter. She was widely reported to be a source for the Post story on secret prisons, but her lawyer denies it. The leak is being investigated by the Justice Department. A prosecution, of leaker or leakee, could follow.

The press many find themselves on the receiving end of investigative subpoenas in these leak cases. Demanding the leakers be investigated, such as in the Valerie Plame case, may come back to haunt them. Read the rest of Barone's column here.