The reporter says federal officials had also been effective at inhibiting follow-up reporting by other journalists on controversial subjects by implying, sometimes falsely, that some of the information reported by their colleagues was wrong. The reporter cited as an example the allegations in Risen’s book regarding the CIA and Iran. “The agency was very successful in convincing other reporters that Risen’s report was wrong,” the reporter says.

What remains unclear is whether the new legal precedents and interpretations established by the Bush Justice Department—which contend that the press has no fundamental privilege to protect the identities of confidential sources in fulfilling its mission to ensure the public’s right to know—will swing back now that the Bush administration’s reign is over. Though there are reasons for optimism on these issues under the Obama administration—from its stated intent to close Guantánamo to signals that it is considering establishing a commission to examine government conduct in the “war on terror”—it is unclear how much can be easily undone; or how much of a priority that will be for the administration.

Given the massive, urgent problems confronting the new administration (the economy, Iraq, Afghanistan, etc.), it could be forgiven for preferring to look forward rather than back. Beyond that, it also isn’t clear that congressional Democrats have an appetite for a thorough excavation of the Bush administration policies.

One congressional staffer, who works on national-security issues and who asked to speak on background, suggests that one reason Congress has not been more aggressive in following up on the domestic wiretapping story, for instance, is that there was a sense, even among many Democrats in Congress who had been briefed on the program, that the administration was pursuing these programs not for “nefarious reasons, but to catch bad guys”—that it was not using the program to spy on domestic political enemies, for instance, as had occurred in the 1970s.

Furthermore, the staffer says, there has not been until now much political incentive or evident public appetite for pursuing these issues. There was an attitude, he says, when Democrats took control of Congress, of “Let’s not be seen as the party that wants to prosecute. And a lot of this stuff has been accepted by the general public.”

In the meantime, the press is finding new ways to fight back, regaining some of its assertiveness that had gone missing in the years following 9/11. Lucy Dalglish, from The Reporters Committee for the Freedom of the Press, notes, for instance, that some news organizations have added provisions to their contracts with telecom service providers demanding that they not give the government any of the organization’s records without first informing the company, or unless under subpoena.

It’s a start.