Gabriel Schoenfeld, senior editor of Commentary has a major article currently on the website as an advance article from the March 2006 issue. Scott Johnson comments:
Consistent with my conclusion, 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?
Schoenfeld has done his homework – it is well worth a careful read. A successful prosecution of the NYT and the leakers will not repair the damage of the current instance of irresponsible journalism, but perhaps it will diminish the probability of the next case.
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