So why hasn't the Bush administration done anything? One answer, of course, is that the wheels of justice grind slow - and unseen, at least for a while. But a better answer comes from Fox News' Bill O'Reilly, who argues that the Bush administration has been "intimidated" by the media and by allied critics in Congress. That would explain the Boston Globe story on Monday, detailing how the Bushies, who once asserted that the phone taps were perfectly legal just the way they were, are now willing to accept closer Congressional supervision. So score a media-political victory for the Times.
And so the Gray Lady has every reason to think it will win this latest battle, too. The fate of the war on terror, of course, is another story - but the Times is too busy crushing George W. Bush to worry much about that.
18 U.S.C. §798. Disclosure of Classified Information.
(a) Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information
(1) concerning the nature, preparation, or use of any code, cipher, or cryptographic system of the United States or any foreign government; or
(2) concerning the design, construction, use, maintenance, or repair of any device, apparatus, or appliance used or prepared or planned for use by the United States or any foreign government for cryptographic or communication intelligence purposes; or
(3) concerning the communication intelligence activities of the United States or any foreign government; or
(4) obtained by the processes of communication intelligence from the communications of any foreign government, knowing the same to have been obtained by such processesShall be fined not more than $10,000 or imprisoned not more than ten years, or both. (b) As used in this subsection (a) of this section
The term classified information means information which, at the time of a violation of this section, is, for reasons of national security, specifically designated by a United States Government Agency for limited or restricted dissemination or distribution; .........
The term communication intelligence means all procedures and methods used in the interception of communications and the obtaining of information from such communications by other than the intended recipients;
The term unauthorized person means any person who, or agency which, is not authorized to receive information of the categories set forth in subsection (a) of this section, by the President, or by the head of a department or agency of the United States Government which is expressly designated by the President to engage in communication intelligence activities for the United States.