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[Tellurian]

"Some legal experts are skeptical of the judge's reasoning that safeguards are sufficient to prevent abusive prosecutions.

"It is predicated on an idea that the executive and judicial branches will operate with rectitude and only prosecute cases where there is a genuine risk of harming national security" rather than political considerations, said Jane Kirtley, a professor of media ethics and law at the University of Minnesota. "It presumes a degree of honest government that, sadly, does not always exist."

Aftergood and Kirtley said they knew of no other case where the United States was seeking criminal charges against someone other than a government employee who clearly violated a nondisclosure agreement. The ruling sets the stage for a trial that will probably provide an inside look into how Washington works.

Lawyers for Rosen and Weissman have indicated that a number of senior administration officials also provided the men with sensitive information and that they might be called as witnesses. Among them is Secretary of State Condoleezza Rice, who at the time of the alleged contact was White House national security advisor. "

The Judges ruling goes on the assumption Government is HONEST..
This should be a slam dunk for defense attorneys...using the Plame/Wilson case as the" abuse" example!