It doesn't matter if MSNBC's source got the returns legally or illegally. In fact, it is quite possible that MSNBC doesn't know how its source acquired the returns. But as long as MSNBC didn't solicit someone to break the law to acquire the returns, MSNBC is in the clear.
You may want to review Bartnicki v Vopper
I don’t think Bartnicki applies in the case. I will post a longer response tomorrow. The press does not have a blanket exemption from laws that relate to the disclosure of confidential information.
who the blank cares. it’s an endless all encompassing witchhunt that sure feels like MORE than a crime, and is a crying shame.
Since the mere disclosure of this information by the media is itself a crime -- as opposed to the media, as in the Bartnicki case -- this means the media cannot broadcast someone's tax return all over the airwaves and then hide behind the First Amendment.
This is all just an academic discussion, since I am sure MSNBC had obtained the tax return from someone who was authorized to have it.