Another factor is the post-9/11 security mentality, which views sunlight as toxic and imagines that somehow bin Laden is dependent upon our government documents, a "fact" that has never, ever been supported to my knowledge. So, that's the second factor.

One of the principal factors fueling the proliferation of the abuse of secrecy and sensitive but unclassifieds is the administration's adherence to the unitary executive principal. This administration more than any of its predecessors believes that it is its responsibility to collect power onto itself in the executive office when it comes to the conduct of war, foreign policy, the management of agencies and departments, regulations, etc.

One of the things that will probably need to be addressed is in the treatment of history, i.e. the Presidential Papers Act. If they can act with impunity, if they know that what they're doing is not going to see the light of day anytime in their lifetime, if they have the right to withhold information from the public, then presidents are given a vastly freer hand.

I don't think the question is if should we have a shield law. I think the question is what kind of shield law we should have. Yes, I'd like to see a federal shield law, but if and only if it provides genuine safeguards and doesn't green-light prosecutors and judges and litigants from going after the press and getting things to which they should not be entitled. It's not a simple kind of litmus test.

An attitudinal sea change. I think that's the hardest one to fix. Presidential directives, bills, provisions can all be rescinded, repealed, amended, but attitudes linger. The hardest thing is going to be to try to reverse an attitude, a bunker mentality that equates secrecy with either security or heightened efficiency and that regards transparency as an invitation to mischief and trespass. This default position of operating in the shadows is going to be somewhat appealing to whomever inherits office.

If all these guys think that nothing is going to come out for 100 years, they're going to act a whole lot more boldly. So we need to get back into the declassification business. This notion of overclassification is not just a bleeding-heart liberal issue. When everything is classified, nothing is classified.

When you get new people in, you're going to have a breath of fresh air and there's going to be a window when people will decide what direction to go. It'll be determined by outside events, by the personalities that occupy those positions, and by the treatment they receive both from the press and the public, of the honeymoon period.