The below links relate to a brief filed on behalf of 36 news organizations, the NYT is conspicuously absent from the list. One of the authors of the brief is Victoria Toensing, who has posed the same points in editorial columns expressing the function of the statute that forbids disclosure of covert operatives.
The brief itself is a 1.5 Mb PDF file - fair warning.
March 23, 2005 brief filed by 36 News organizations <- Arguing "no crime committed"
http://beldar.blogs.com/beldarblog/2005/03/journalists_ami.html <- Commentary
Why is the Times absent from the list and how does it benefit them if this is still viewed as a crime even when most media outlets know it isn't? Seems they can't continue to pretend Rove did anything wrong so it looks like they're trying to accomplish some damage control.