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Sources Worth Protecting?
WP ^ | October 10, 2004 | Michael Kinsley

Posted on 10/10/2004 4:05:37 PM PDT by Former Military Chick

The reporters being subpoenaed or sent to jail for refusing to reveal their sources to the special prosecutor investigating White House leaks of the name of an undercover CIA agent are all friends of mine. Or at least they were until this column. I do not want them to go to jail.

The problem is this. Should it be illegal for a government official to reveal the identity of an undercover CIA agent? Most reasonable people, including most reporters, would probably say yes. Lives can be at stake. But for all practical purposes, such a law, which in fact we have, is unenforceable if a government official chooses to reveal the agent's identity to a journalist and the journalist can ignore a subpoena to testify.

One of the farcical aspects of this investigation, which has cost millions of dollars, is that there is no mystery. At least a half-dozen prominent people know the answer for sure. Just reading between the lines of newspaper stories from far away, it seems evident who one of the leakers is.

"It seems evident" is a good enough standard for most purposes. But not for a criminal prosecution. For that you need evidence beyond a reasonable doubt. And if the crime consists of a private conversation between two people, you need at least one of them to 'fess up. The government official is protected against self-incrimination by the Fifth Amendment. If the journalist has an absolute right and an absolute duty to shield the identity of a source, both sides of the conversation are immune, and prosecution is impossible.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: News/Current Events
KEYWORDS: firstamendment; whleaks
Why do I have this feeling that some folks got together to decide on what they would write about this weekend. ho hum
1 posted on 10/10/2004 4:05:37 PM PDT by Former Military Chick
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To: Former Military Chick
There's a term for Kinsley they won't let me post here, but it starts with "He's a Little ****"

Kinsley and Tad Devine were separated at their birthing at the Sneer Institute. Kinsley is a snide, holier-than-thou nerd.

2 posted on 10/10/2004 4:09:19 PM PDT by Darkwolf377
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To: Former Military Chick

I think that the source is a democrat because if it were a republican source, the NY Times would have outed the source without a fight.


3 posted on 10/10/2004 4:10:13 PM PDT by WayneH
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To: Former Military Chick

I seriously doubt that Valerie Plame was anything more
than a low-level operative. Her so-called husband's
protestations leave me cold. This guy was an acting
ambassador who made a big deal of this revelation. I fail
to be impressed by any of this.


4 posted on 10/10/2004 4:12:25 PM PDT by davisfh
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To: davisfh

I thought her cover was blown by Cuba & another less than friendly country, long before anything about her was published in the US.


5 posted on 10/10/2004 4:17:43 PM PDT by GoLightly (If it doesn't kill ya, it makes ya stronger.)
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To: GoLightly

All things being equal, the agents should be protected for their own safety. The reporter is not the criminal, the official that leaked to the reporter should be jailed for his offense.


6 posted on 10/10/2004 4:36:30 PM PDT by meenie
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To: meenie

I dunno, I think once one of our agents has been outted by any bad guys, we should stop trying to pretend & move the individual to a job where cover no longer matters.

Supposedly, her being outted may have put some overseas operatives at risk. I'd be hard put to justify leaving anyone in the field anywhere, who would be put at risk by a simple phone call between some of our enemies.

I think Plame blabbed about her job to Wilson, either the first time they met or the first time they were gonna hit the sack together. Her own behaviour was risky, so I can only hope she didn't have a position where people could be put at risk by knowledge of her job getting out.


7 posted on 10/10/2004 4:49:02 PM PDT by GoLightly (If it doesn't kill ya, it makes ya stronger.)
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To: Former Military Chick

I started reading this and suddenly noticed the name Kinsley. I promptly stopped, I have no idea what "the
rest of the story is"/


8 posted on 10/10/2004 5:13:25 PM PDT by just truth please (just truth please)
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To: Former Military Chick

Journalistic ethics is whatever happens to keep a journalist in a job or out of jail at any particular moment.


9 posted on 10/10/2004 5:15:43 PM PDT by Glenn (The two keys to character: 1) Learn how to keep a secret. 2) ...)
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To: GoLightly

I don't think it has been conceded that Plame was a covert operative, within the meaning of the Criminal Code Statute which pertains.


10 posted on 10/11/2004 3:57:12 PM PDT by shamusotoole
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