<p>Shogun,</p>
<p>Bet you a nickel that the NYT will not be prosecuted. But it won’t be due to the lack of a legal basis.</p>
<p>I think Bush’s political advisors will convince Bush’s legal advisors that prosecuting the issue will play right into the NYT’s plan to further showcase what NYT believes is the executive branch’s overly invasive actions into previously private areas(bank records, email and phone calls) and its abridgement of individuals’ (whether US citizens or not) due process legal rights (Guantanomo Bay, oversea detention facilities, deportation of illegal aliens).</p>
<p>I believe the NYT drools when it thinks about the opportunity to do front-page legal battle with the “Executive Brach Dragon”. </p>
<p>While the NYT will trumpet its crusade to protect the individual’s rights, I believe the best interests of our nation, soldiers and citizens are way done the list of priorities at the NYT. The Times continues to adhere to its motto: All the News that we see fit to print.</p>
<p>I agree that the leakers are culpable and should be prosecuted. However, similar to thieves needing “fences” to distribute their stolen goods, the leakers need a vehicle to publicize their leaks.</p>