NY Times makes preemptive strike on It leak of classified NSA program

Reuters:

The New York Times sued the U.S. Defense Department on Monday demanding that it hand over documents about the National Security Agency's domestic spying program.

The Times wants a list of documents including all internal memos and e-mails about the program of monitoring phone calls without court approval. It also seeks the names of the people or groups identified by it.

The Times in December broke the story that the NSA had begun intercepting domestic communications believed linked to al Qaeda following the September 11 attacks. That provoked renewed criticism of the way U.S. President George W. Bush is handling his declared war on terrorism.

Bush called the disclosure of the program to the Times a "shameful act" and the U.S. Justice Department has launched an investigation into who leaked it.

The Times had requested the documents in December under the Freedom of Information Act but sued upon being unsatisfied with the Pentagon's response that the request was "being processed as quickly as possible," according to the six-page suit filed at federal court in New York.

...

This is a defensive strike suit to set up their defense when they are charged with violation of the Espionage Act for revealing classified information. The can't admit they made a serious mistake and undermined national security in a time of war so they try to change the subject.