It is interesting that the law refers to defense information, not classified information. Is that because the documents authorizing classification are all Executive Orders of the President, not public law (but with the force of law until overridden by a new EO or legislation)?

JMM, you say that the govt could have won on the Pentagon Papers case. I presume you mean the prosecution of Ellsburg - had they not engaged in gross misconduct, etc. I believe you are right but I would raise the possible exception of fact: The Pentagon Papers contained no information "the improper release of which would damage [seriously or otherwise] the security of the United States" - the operative wording of the classification EO. My statement is an educated opinion of a current intel analyst on active duty at the time (1971) with access to all kinds of classified info at the time. I suggest that Ellsburg could have domostrated that the Papers had been improperly classified and, therefore, there was no crime. (The Problem of Over/Improper Classification.)

Cheers

JohnT