"Ed Morrisey recently raised objections to statements by Newt Gingrich concerning internet counterterrorism (which were apparently mischaracterized by the media source, according to Newt's staff and a timely update on Captain's Quarters). Ed's objections amounted to concerns about an idealized choice between First Amendment freedom and national security. It turned out that Newt wasn't really addressing the "Ellsberg Syndrome", but the central thesis is similar. The problem is that this is a "boiled frog" scenario. Because the damage has been perpetrated in relatively small increments over a long period of time (and because the initial attempt to supress Ellsberg was unsuccessful) we appear to have become desensitized to the full consequences of such betrayal

The constraint on action doesn't really appear to be a legal matter, but a matter of political will. Were a President to prosecute a case such as the recent disclosure by the NYT he'd earn the undying enmity of the Press, for the rest of his tenure. Or more to the point, the disdain that is at least partly covert would become openly rebellious. Mainstream media would sooner compromise the nation than pass up the opportunity for a delicious "gotcha". (The Ellsberg case is generally regarded as the beginning of "gotcha journalism", because it helped define the successful careers of Woodward and Bernstein.) And absent any serious consequences about the only thing that might retard such a stampede is an increasingly incipient patriotism and moral integrity. [ Rrrrrbt. -ed. ] "