It might help if you put it in context as to what you think, why it aplies or does not, and why you named Rove in the Title.
If you are only concerned about what the law says, why include names at all?
Look at the table towards the bottom of the post:
§ 426 (A) requires that three conditions be met-
The third condition is not met- (ii) who is serving outside the United States or has within the last five years served outside the United States; (Plame was recalled to DC in 97 and has been there ever since)
§ 426 (B) requires that three conditions be met-
The second condition is not met- (i) who resides and acts outside the United States as an agent of, or informant or source of operational assistance to, an intelligence agency, or - Plame does not reside outside of the United States.
§ 426 (C) does not apply to U.S. citizens.
Game, set, match.
Plame does not meet the legal requirements of this section, and they can call her "undercover" until the cows come home but she's not a "covert agent" according to the statute.
And if she's not a "covert agent" according to the statute, then no crime has been committed with respect to the dissemination of her identity and employer.
and why you named Rove in the Title.
Nobody was talking about Scooter Libby on July 15th when I wrote this, but they certainly were talking about Plame and Rove.
If you are only concerned about what the law says, why include names at all?
If I had called it "The finer points of 50 USC 426" nobody would have bothered to read it-- only attorneys might have known what it was from the title.
I'm remaining consistent with the original title of the blog post.
And for my personal opinion, if Libby got five counts for the amount of lying he's alleged to have done, Joe Wilson should get about five hundred counts.
He's been lying consistently from Day One on this thing.
And if you haven't read the Cliff Kincaid article, I highly recommend that you do so. It offers a very interesting hypothesis that could explain why there is such desperation to hang indictments on anybody at this point-- in order to deflect attention from elsewhere.
Any other questions?