Illegal vs Extra-legal

This NYT article on accusations against Mary O. McCarthy of leaking classified CIA info mentions the opinion of some unnamed colleagues that

. . . It was possible that Ms. McCarthy . . . had grown increasingly disenchanted with the often harsh and extra-legal methods adopted by the Bush administration for handling Al Qaeda prisoners and felt she had no alternative except to go to the press.

Of course, right wing sources like the one that Walldon cites will focus purely upon the legality of her actions. This is not entirely unreasonable. What is unreasonable, however, is to ignore what she apparently disclosed and why: abuse, torture, secret detentions, rendition.

At a war crimes tribunal, one would and ought to be tried for not disclosing and thereby trying to prevent crimes, even if that meant breaking the laws of one's own country. There is no doubt that actions of al Qaeda are criminal and evil. But so are actions of The Regime in Washington, such as the ones she is accused of "leaking" about. McCarthy was right to blow the whistle, and courageous to risk trial and imprisonment.

What she is accused of doing may have been illegal. It was also the right thing to do, and her duty as a loyal American, committed to constitutional democracy, to human rights, to the rule of law (domestic and international), and to human decency. I hope she gets a fair trial. I also hope that she's not the only one brought to justice.