Perhaps some of our law-bloggers know.
Assuming a forgery, if the docs were not *sold* to CBS (and I doubt they were), what is the crime?
And I ask because, if the only penalty is political embarrassment rather than jail time, the prior probability of a "dirty trick" goes up.
In fact, if the source was a lone-wacko Texas Bush hater, who planted these forgeries in 2001 after Florida, that may not even embarass the Kerry campaign (much). Hard luck for Dan Rather, though.
UPDATE: Eugene Volokh tackles this. My soundbite - maybe, in a couple of states.
UPDATE 2: Perhaps a copyright suit by one of Killian's heirs?