Prosecuted under what law?
If this isn't criminal, then they need to make it a crime. Disclosing the fact that the NSA was monitoring electronic traffic last December should be prosecuted under the Espioage Act; maybe this as well. Willfully disclosing state secrets should be a crime, especially in a time of war. We executed the Julius and Ethel Rosenberg for it.
http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000798----000-.html
Does this apply? Saw it in another post.
Aiding and abetting the enemy when the countries at war.
Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information . . . concerning the communication intelligence activities of the United States . . . shall be fined not more than $10,000 or imprisoned not more than ten years, or both.
If the New York Time's giving comfort to our foes, with full knowledge of their actions, and the consequences to our defense, isn't consorting with the enemy, what is?