Once again, Bush administration officials asked the Times not to publish the story. Once again, the Times went ahead anyway. "We have listened closely to the administration's arguments for withholding this information, and given them the most serious and respectful consideration," Bill Keller is quoted as saying. It's interesting to note that he feels obliged to report he and his colleagues weren't smirking or cracking jokes. "We remain convinced that the administration's extraordinary access to this vast repository of international financial data, however carefully targeted use of it may be, is a matter of public interest."

This was presumably the view as well of the "nearly 20 current and former government officials and industry executives" who were apparently the sources for the story.

But who elected them to make these decisions? Publication of the Times' December and June stories appears to violate provisions of the broadly written, but until recently, seldom enforced provisions of the Espionage Act. Commentary's Gabriel Schoenfeld has argued that the Times can and probably should be prosecuted.

The counterargument is that it is a dangerous business for the government to prosecute the press. But it certainly is in order to prosecute government officials who have abused their trust by disclosing secrets, especially when those disclosures have reduced the government's ability to keep us safe. And pursuit of those charges would probably require reporters to disclose the names of those sources. As the Times found out in the Judith Miller case, reporters who refuse to answer such questions can go to jail.

Why do they hate us? Why does the Times print stories that put America more at risk of attack? They say that these surveillance programs are subject to abuse, but give no reason to believe that this concern is anything but theoretical. We have a press that is at war with an administration, while our country is at war against merciless enemies. The Times is acting like an adolescent kicking the shins of its parents, hoping to make them hurt while confident of remaining safe under their roof. But how safe will we remain when our protection depends on the Times?