This bears all the characteristics of a government agency that knows it has no arrows in its quiver. If revealing the existence of the NSA surveillance was actually a crime, the White House would never have made that request. Instead, they would have pointed out that the NYT would be violating Title So-and-So, Section So-and-So of the U.S. criminal code -- and threatened to run the newspaper out of business and charge every employee with crimes that could land them in prison for decades.
The first amendment precludes the government from stopping publication before it happens.