The question is whether the Times gave our enemies aid and comfort by running the story.

That is not accurate. The burden of proof is much higher. The prosecution has to demonstrate the defendant was either:
1. “levying war against them”
or
2. “adhering to their enemies, giving them aid and comfort”

The verb “adhere” is very important to the phrase and requires an element of intent. Incidental “aid and comfort” does not amount to “adhering”.

The question is whether the Times gave our enemies aid and comfort by running the story. If the answer is yes the question of whether the information would inform the public also is irrelevant. It is not that complicated of an issue.

Congress is not as helpless as you propose. They have the power of the purse. They can also harass people by calling them into committee meeting after committee meeting. From what I heart the last will probably be done quite frequently in the next two years.

Whom are kept inline by Congressional Oversight Committees.

That’s the theory, at least. The truth of the matter is that those committees rarely have the authority to do much, even if they are motivated.

And they are restricted from discussing classified information, so can’t inform the public either. If an administration is engaging in programs that are illegal or contrary to the public’s interest, these committees are of no use to us.

Fortunately the law doesn’t see it your way. It’s illegal for the one passing the info and for the one receiving it.

I know it’s illegal, but that doesn’t mean it’s ignoble in every case. Our early history is chock-full of examples of illegal activities justified by the oppressiveness of the government.

I don’t mean to imply that this case rises to that level; I’m just explaining my reasoning.

And it IS treasonous for both.

This is just my opinion, but I disagree. The word “treason” gets tossed around a lot these days just because the whole world gets CNN. I don’t know about you, but I see a clear difference between someone who secretly divulges information to the enemy and someone who divulges information to the public, assuming of course, that the information is something that a reasonable person might think the public should know.

It is not uncommon of for a classified program to be illegal or contrary to public’s interest. When this is the case, I don’t consider it treasonous to leak the information.
Fortunately the law doesn’t see it your way. It’s illegal for the one passing the info and for the one receiving it.
And it IS treasonous for both.

The FOIA subsections you list, are there for a reason.

Indeed. I don’t have a problem with the FOIA.

By the above definition of why information is classified, leaking sounds like a bad thing.

Sure, it usually would be a bad thing. There are colossal volumes of classified text that the public doesn’t need to know anything about.

BUT, the entire classification process is run by a lot of fallible human beings who work for the same branch of the government. It is not uncommon of for a classified program to be illegal or contrary to public’s interest. When this is the case, I don’t consider it treasonous to leak the information.

“No, subsections (b)(1) and (b)(7) of the FOIA specifically rule out classified documents and other documents related to investigations.” -Jeff Molby

“All information or material considered vital to the safety of the United States is given a security classification level.”- U.S. Navy publication disclaimer.

By the above definition of why information is classified, leaking sounds like a bad thing. The FOIA subsections you list, are there for a reason.

The Freedom of Information Act can be used. That means a judge gets to decide whether the item is classified for a good reason or not.

No, subsections (b)(1) and (b)(7) of the FOIA specifically rule out classified documents and other documents related to investigations.

The Freedom of Information Act can be used. That means a judge gets to decide whether the item is classified for a good reason or not. Handing classified information to the enemy is considered treason and publishing it in the Media is certainly giving it to the enemy as well as everyone else.