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Lawfare Archive: 'National Security, Leaks and Freedom of the Press'
The Lawfare Podcast
The High Bar for Ex Post Criminal Prosecution
Jeffrey Toobin: It seems to me that the Pentagon Papers norm or whatever you want to call it, has grown into basically that at least for the New York Times and Washington Post of the world. So I agree with that conclusion, maybe not for the same reasons. My sense is that the press does have a high degree of confidence at the moment, that it would not be prosecuted. He says he doesn't think there's legal ambiguity whether Jeff is right or not about these other developments.
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