Sunday Morning Talk: Leaky Ships Sail Better

Fox News' Brit Hume has his panties in a bunch this morning over CIA analyst Mary McCarthy's alleged leaks to the press on the CIA's use of secret prisons (or 'black sites') throughout Eastern Europe and elsewhere to interrogate suspected terrorists. George Will, on Stephanopoulos this morning, inartfully slips in a factoid that he clearly feels is damning to McCarthy's motives and credibility - that she donated $7000 to the Kerry-Edwards campaign. He also sermonizes on the sanctity of contract, specifically McCarthy's employment agreement not to reveal classified information, and trots out what appears to be the new moderate conservative take on leaks: leakers should go public and resign their positions if they really disagree with administration policies.

The rationale seems to be that it's "sneaky," or maybe trying to have your cake and eat it too, to maintain your position while releasing classified information to the press. But the real motive for this argument is that if the public comes to agree with it, it will shut down leaking almost entirely. Few federal employees would have the courage to sacrifice their careers, and risk civil or criminal liability, by going public with classified information. Going public, moreover, would automatically "plug the leak" by ensuring the removal of the leaker.

Clearly Republicans hope to take some of the Democratic anger over Plamegate and stand it on his head: they'd like to use the current political rhetoric against "leaking" and turn it against federal employees that release embarrassing information to the press on atrocious programs like the secret prisons, the NSA's domestic spying, the use of extraordinary rendition, torture of detainees, etc. That's why I'd like to see some Democratic politicians defending McCarthy and making the point that we need more of McCarthy's variety of leaks and fewer of the Plamegate variety. Better yet, they should use the flap to squarely focus the press where it most belongs: on the shocking abuses of power that gave rise to the leaks in the first place.

Leaking classified information about programs that run counter to any reasonable characterization of American values, and clearly need a public airing and Congressional oversight, is something to be honored and encouraged. In terms that George Will would understand, that brand of leaking represents an efficient breach of contract. Plamegate involved no such high public purpose: I think most Americans rightfully condemn releasing the identities of CIA operatives as part of a disinformation campaign to confuse the public and intimidate one's political opponents.