Greenwald was not named specifically during the hearing, but Rogers pressed agency chiefs to say that reporters “selling the access of material that was stolen from the United States government … for personal gain and profit” was a criminal act.

FBI director James Comey said that a reporter “hawking stolen jewelry” was a crime, but it was “harder to say” journalism based off the Snowden leaks was criminal, since such a determination had “first amendment implications.”

“It’s an issue that can be complicated if it involves a news-gathering or a news promulgation function,” Comey said.
Rogers asked: “Entering into a commercial enterprise to sell stolen material is acceptable to a legitimate news organization?”

Corney replied: “I’m not sure I’m comfortable answering that in the abstract."

http://www.theguardian.com/world/2014/feb/04/us-congressman-mike-rogers-glenn-greenwald-thief-snowden-nsa?CMP=twt_fd&CMP=SOCxx2I2