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doesn't the government first have to establish that the leak could be in violation of criminal statute, before they start asking whodunnit?

Do you have doubts that the existence of prisons in Europe and the NSA terrorist surveillence program were classifed?

Anyone happen to catch that wolf blitzer of 'we want nothing to do with dubai, dubai wants nothing to do with cnn) is in fact in dubai. Can he possibly make the situation worse?

Also, seems he just dropped some information on Musharaff, that Musharaff was none to pleased with. Did anyone else hear? something that is going to cause a rift between Musharaff and karsai. Blitzer seemed quite pleased with himself.

Do you have doubts that the existence of prisons in Europe and the NSA terrorist surveillence program were classifed?

I haven't investigated the prisons matter; but on the NSA matter, I have doubts that the NYT article constitutes a publication that can be prosecuted under the relevant statute.

That being said, there are no doubt classified aspects to the NSA terrorist surveillance program, publication of which WOULD be prosecutable. I haven't read Risen's book to see if it contains that sort of detail.

My reference to "Libby Rule" is meant to connote the notion (popular at FR) that since Plame wasn't (and probably can't) be proven to be covert under the statutory definition, Libby shouldn't have been questioned, and Miller shouldn't have been compelled to testify, jailed, etc.