No, we don't know, but they ought to be preparing a case. Bush is in fact the nation's chief law enforcement officer and he damn well should at least make the effort at enforcing the law. I'd prefer the Adminstration actually win the case, but ignoring this criminality just enables more of the same. How much classified information should the NYT be allowed to publish on its front page? All they want? Or just until the next domestic attack, at which time the loudest critics of the Bush administration's failure to prevent it will be, you guessed it, the New York Times?
I've reached a position on whether the NYT's White House press credentials should be pulled, and my answer is - not until the case is filed. At that time, they should be. Otherwise it's just petty.
" ... Bush is in fact the nation's chief law enforcement officer ..."
Um don't think so. AG Gonzales is, not Pres Bush.