//Cross-posted from my Response39.TownHall.com blog//
This whole SWIFT program revelation has me really frosted. I am as frustrated by the lack of prosecution of both newspaper writers and publishers as I am about the leakers. It makes it look as though the rules regarding protection of government secrets have changed for the worse.
I disagree with Jacob Weisberg’s article in Slate on the reasons why the NY Times was wrong to print information about the SWIFT program. He trots out Keller’s weak arguement that, “They struggle mightily (sorry, that’s behind a subscription wall) with such decisions,” and attempts to cloak that in the protective barrier of the First Amendment. As one of the commenters on Just One Minute says, “The First Amendment is not a Get Out of Jail Free Card.”
The more I read the Mr. Weisberg’s article, the more I see it as an apologia cloaked in a mild wrist slapping “punishment.” To stand a phrase on it’s head, Weisberg’s article is praising with faint damnation. His instructions to the NY Times on what questions they should ask before printing an article on a to-that-point secret program must have been lifted from an introduction to journalism text.
The real problem with these decisions is that half the equation for making the decision is unknown, and maybe unknowable a priori. The only time you’re sure about an intelligence failure is when a calamity strikes that can be directly linked to prevous revelations.
“You never know until it’s too late,” might need to go on a memorial plaque at Ground Zero.