Johm Dean is making an argument that even though the "outing" statute (50 USC 421-426) was not broken (Dean admits in his column that this statute WAS NOT BROKEN), Rove should be prosecuted under 18 USC 641.
One has to read the linked column to find the thrust of it - the excerpts naturally incline the incorrect conclusion that Dean is talking about the "outing" statute.
http://www.freerepublic.com/focus/f-news/1443749/posts <-
http://www.freerepublic.com/focus/f-news/1444331/posts <- Same column
Actual title in the United States is sufficient to confer jurisdiction, regardless of whether title coincides with physical possession. Determining when the United States holds title to some property in the possession of a third party frequently turns on the facts of the individual case. The following situations have presented the most difficulty in the past.
Information originating from reporters would not belong to the US.