Did the NYT’s leakers violate federal law?
Whoever, lawfully having possession of, access to, control over, or being entrusted with any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted or attempts to communicate, deliver, transmit or cause to be communicated, delivered or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it on demand to the officer or employee of the United States entitled to receive it …
Shall be fined under this title or imprisoned not more than ten years, or both. [Emph. added]
Who leaked this to the New York Times? The Times says it got the information from “government officials.” Who are those officials? Shouldn’t the Justice Department find out — and then put them in front of a grand jury?
The NY Times should be applauded for exposing a subversion of the Constitution. Bush isn’t above the law, and the provisions in the Patriot Act made complying with the 4th Amendment secret and easy. That seems to be the bigger problem for one worried about upholding the text and intent of the Constitution.