[Cboldt]

If the gov't indicted the NYT, wouldn't the NYT be able to excercize its rights for discovery?

There isn't much to discover. The gravemen of the indictment is to point at what is published, then produce the state secret documents that show the same information (it's already out of the bag) meets the defintion recited in the (also already public) statute.

[Raycpa]

then produce the state secret documents that show the same information

Oh, is that all?