Public Secrets
By Robert G. Kaiser
Sunday, June 11, 2006; Page B01
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These are new circumstances, but to a reporter who has been watching the contest between press and government for four decades, what isn't new here seems more significant than what is. What isn't new is a government trying to hide its activities from the public, and a press trying to find out what is being hidden.
Thanks to resourceful reporters, we have learned a great deal about the war that the administration apparently never intended to reveal: that the CIA never could assure the White House that Saddam Hussein's Iraq actually had weapons of mass destruction; that U.S. forces egregiously abused prisoners at Abu Ghraib; that the United States had a policy of rendering terrorism suspects to countries such as Egypt and Jordan where torture is commonplace; that the United States established secret prisons in Eastern Europe for terrorism suspects; that the National Security Agency was eavesdropping without warrants on the phone calls of countless Americans, as well as keeping track of whom Americans called from home and work.
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Secrecy and security are not the same. On this point, Exhibit A for journalists here at The Post is the 1971 Pentagon Papers case. The Pentagon Papers were a top-secret history of the Vietnam War written inside the Pentagon and leaked to the New York Times and then The Post. Top-secret means a document is so sensitive that its revelation could cause "exceptionally grave damage to the national security." The Nixon administration was in power, and it went to court to block publication on grounds that revealing this history would endanger the nation. A court in New York enjoined the two papers from publishing the information for several days.
But the Supreme Court decided, 6 to 3, that the government had failed to make a case that overrode the constitutional bias in favor of publication. The man who argued the case was Solicitor General Erwin N. Griswold. Eighteen years later, Griswold wrote a confession for the op-ed page of this newspaper: "I have never seen any trace of a threat to the national security from the publication
. Indeed, I have never seen it even suggested that there was such an actual threat."
more at:
http://www.washingtonpost.com/wp-dyn/content/article/2006/06/09/AR2006060901976.html