Sunday, April 30, 2006

My usual response to attacks on the press is that you would rather have an overly aggressive press than a limp, bamboozled one. But the reporting on the NSA eavesdropping that has prompted investigations may have crossed the line or so say critics:

But the Bush administration is exploring a more radical measure to protect information it says is vital to national security: the criminal prosecution of reporters under the espionage laws.

Later:
Andrew C. McCarthy, a former federal prosecutor who took part in terrorism investigations in New York after the Sept. 11 attacks, said that both The Times, for its disclosures about the eavesdropping program, and The Post, for an article about secret C.I.A. prisons, had violated the 1917 law. The Times, he added, has also violated the 1950 law.

"It was irresponsible to publish these things," Mr. McCarthy said. "I wouldn't hesitate to prosecute."

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