Because the Democrats know that the Bush Administration is in a Catch-22 about the WMD evidence, they continue to say that "BUSH LIED, PEOPLE DIED." The Left's accomplices in the press will not connect the dots. In fact, any evidence that supports the truth is ignored.
As a side note, this same game is being played with the prisoners in Guantanamo, Cuba. If we were to try them using the United States court system, the evidence necessary to convict these prisoners would reveal TOP SECRET information. Again the Democrats would charge the Bush Administration for the breach of national security.
At the same time, the New York times will breach national security anytime they can embarrass the Bush Administration and cause our efforts against the Islamo-fascists to fail.
What's wrong with this picture? Beam me up Scotty, the Left's got this brave nation in self destruct mode.
Bush HAS the authority to declassify information, the NYT does NOT.
The president has the authority to declassify top secret materials. The legalities are not the hinderance. it is the disclsoure of sources and methods that is the problem. For example, they could introduce the WMD as an exhibit at trial (such as a photograph, and scientific tests of the contents, etc.) but the chain of custody and original location would need to be revealed, unless the defendant stipulated that that information need not be produced.
Is there no way for the court or jury to review taht evidence in secret without having the information published as part of the trial, as long as the defense is permnitted access?