In a preview of its March issue, Commentary magazine has posted a major article by senior editor Gabriel Schoenfeld: “Has the New York Times violated the Espionage Act?” In the article Schoenfeld explores the themes I touched on in my Daily Standard column last week.
Consistent with the conclusion I reached, Schoenfeld demonstrates that the central issue raised by the New York Times NSA story is not whether the NSA surveillance program violates the law. Rather, the central issue raised by the Times story is whether the Times itself violated the Espionage Act by publishing highly classified communications intelligence during wartime.
Schoenfeld’s article should change the terms of the debate over the NSA surveillance program. Will it be read and acted upon at the Justice Department?
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