Well, it appears the James Rosen story grew legs and they (the government) decided he was a criminal (co-conspirator, aider, abetter, etc) for "attempting to obtain information".

It seems to me that was precisely what the purpose of the media was - that is, "attempting to obtain information".

The news corporation has come out strongly against this and has vowed to defend Rosen no matter what.

Judge Napolitano is saying "There was no crime" but the government decided there was.