More on the FISA leaker

Patterico, the penname of a prosecutor who blogs Patterico's Pontifications, says he thinks FISA leaker Thomas Tamm ought to be criminally prosecuted for leaking the FISA program to the New York Time's Risen and Lichtblau:
[S]peaking as someone who believes the NSA surveillance program was probably illegal –but who recognizes that there are legitimate arguments to the contrary — I think he’s a criminal. And Isikoff’s story reinforces my view strongly. Because the article (together with other research I have done on Tamm, set forth below) shows him to be an anti-Bush partisan who didn’t even know the details of the program, but notified reporters in part because of an anti-Bush bias, and a disagreement with other actions by the Bush Administration, some of which were indisputably legal.
How is it possible that the famed NYT's reporters missed the fact that the man leaking to them didn't know what he was talking about?

In any event, Patterico  observes that the decision as to whether Tamm will be prosecuted will be left to the incoming administration. What do you suppose are the odds of Tamm getting what he certainly deserves?