"They may have to admit they know who MD4Bush is in order to get off the hook legally."
But wouldn't they also need the authorization of NCPAC since WAPO is claiming to be a third party as Congressman Billybob mentioned?
"§ 2701. Unlawful Access to Stored Communications
(a) Offense.--Except as provided in subsection (c) of this section whoever–
(1) intentionally accesses without authorization a facility through which an electronic communication service is provided; or
(2) intentionally exceeds an authorization to access that facility; and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage in such system shall be punished as provided in subsection (b) of this section. "
Registration and User Agreement
"User Account Confidentiality: User agrees to protect user's account and password and not to disclose account information to any third party."
The WP did exceed an authorization to access FR by using anothers password(Forbidden under the Users Agreement which govern the access of users) to access FRmails and did not make any attempt to determine the rules of access to FR or presumably they would not have improperly used anothers password. They flat did violate section 2b of 18 U.S.C. 2701 in that they did not view, or observe the rules if they did view them. If the reporter was unaware of 2b of 18 U.S.C. 2701 it won't help. A professional at a large newspaper should know or should have asked.