I didn't accuse the Post of committing of crime. The person, if any, who illegally obtained the email committed the crime, not a Post reporter receiving the email and having a First Amendment defense.
About ten years back, a staffer for Senator Chuck Robb (D-VA) received a tape from an illegal intercept of Virginia Governor Doug Wilder (D). He passed the tape onto the Post. He committed the crime, not the Post when they printed a transcript.
And the more I think about, the more I'm convinced that the rumors are another case of Dem-on-Dem dirty tricks. A Dem or Dems backing one of O'Malley's rivals for the Dem Gov nomination (maybe someone backing Montgomery County Exec Douglas Duncan?) probably started the rumor.
A Montgomery County Delegate or State Senator, Peter Franchot (sp?), was just on DC Channel 5 News saying that the Governor must have known and must be involved. It wouldn't surprise me if he knows who is behind the rumors and wants to falsely blame the Governor.
NCPAC, contrary to the report just on channel 5, did not fan the flames of the rumor. He just commented on it and did not give the rumor any credence whatsoever. Indeed, NCPAC praised a post that shredded the rumor, but he has fallen on his sword for his superior.