The only out for a Senator is for words spoken on the floor of the Senate, for which he can only be question by the Senate.
The law has independent criminal provisions for leakers and publishers. When the law is broken on leaking, it may or may not ALSO be broken (by a different person) by publication. But publication is not a prerequisite to finding a crime for leaking.
Thank you for the distinction.
What does leaking mean legally speaking?
Does the leaker have to know they are leaking classified material, to break the law?