You think every IT person in the government should have the ability to disclose any Top Secret programs based only on their own personal opinions about their legality?
No, I think legality - in this case - should be pretty clear.
They (the three-letter agencies) could always try not breaking the law. See if that cuts down on the number of employees looking to sell them down the river.
Is it up to low level employees with no legal training to decide who is breaking the law?