In the short run, Bush's defense of his war paradigm could precipitate three potential constitutional crises. In the first, freedom of the press would be at issue. On May 21, Attorney General Alberto Gonzales announced the "possibility" that the New York Times would be prosecuted under the 1917 Espionage Act for publishing its Pulitzer Prize-winning article on the administration's warrantless domestic surveillance. "It can't be the case," he said, that the First Amendment "trumps" the "right" of the government "to go after criminal activity" -- and he then defined the Times' printing of its story as "criminal activity."
The 1917 Espionage Act? I was either unaware of Gonzalez making this argument or had forgotten all about it. That shows a truly unbeleivable disrespect of the first amendment and for openness in government. Very good article, go read it.