The NYT or the charged journalists never claimed that they were actually acting in a journalistic professional role during the riots.
Literally the first sentence of the article.
I'm not buying just because NYT says they were "covering" the protests.
> Mr. Engel, a Brooklyn-based journalist who writes for Vocativ, a media and technology outlet, was among those charged with felony rioting and released. He said by email on Wednesday that he was unable to comment on the case since it was active, but that he was looking forward to the day he could say more.
They can't do what you're asking of them.