Here is my personal view for what it is worth:
1) There has been NO ABSOLUTE, IRREFUTABLE and CREDIBLE statement made regarding the status of Valerie Plame at the time her involvement in the Niger trip was exposed.
WAS SHE OR WAS SHE NOT OFFICIALLY A COVERT AGENT AT THAT TIME ?
Most of the people in this thread say she was not and their explanations span the gamut from her being in the USA for over 6 years ( yes, but was her covert status revoked ? ), and her employment in the CIA being known by most of her friends ( so what ?).
Therefore her OFFICIAL STATUS is crucial to the investigation. If she was not officially covert, then the issue is not the outing, because there is no "covert" status to out.
2) Even if her status were covert ( and this is a big IF ), for Rove and Libby to be indicted, there has to be proof beyond reasonable doubt that THEY INDEED BOTH *KNEW* and *MENTIONED* the fact of her covert status to reporters.
WE DON'T KNOW OF SUCH ACT. All we know as of this time is that Rove and Libby DID mention her involvement in the trip of Niger by her husband, Joe Wilson. Simply mentioning such invovlement WITHOUT mentioning her status DOES NOT CONSTITUTE SOMETHING THAT IS ILLEGAL or CRIMINAL.
3) The most worrisome element about this for Rove and/or Libby will then be --- whether or not her involvement ( i.e., recommendation of Wilson to the Niger trip ) was CLASSIFIED INFORMATION.
If it indeed was classified information ( and I don't know that ), then we have a case of Rove and/or Libby leaking classified information and THIS is illegal and indictable.
SO, IS HER RECOMMENDATION OF THE NIGER TRIP FOR HER HUSBAND *CLASSIFIED* INFO ? Does anyone know ?
4) If her involvement is classified info, then for me, IT MAKES NO SENSE TO SAY THAT WILSON's TRIP TO NIGER IS NOT CLASSIFIED EITHER.
You do not de-classify the nature of a trip only to classify the details of the trip. ONE SHOULD COME *TOGETHER* with the other. Wilson's trip *AND* Plame's involvement ( i.e., her recommending him ) SHOULD BOTH BE CLASSIFIED !!!
Now if both are classified, then I don't see why if they indict Rove and Libby for leaking classified info, they should not indict Joe Wilson too.
After all, the entire case got started because Joe Wilson WROTE ABOUT HIS TRIP IN THE NY TIMES ! Which means, he broadcast classified info to the whole world !
Therefore, if Rove and Libby are going to be indicted for leaking classified info, Joe Wilson HAS TO be indicted too.
Anyone disagree with my analysis ?
All CIA employment is classified - even the receptionist. And it is declassified on a case by case basis meaning that when the receptionist is hired, she is specifically given a clearance to reveal where she works. I know it sounds like a big deal but it isn't. If you call the CIA to ascertain if someone is an employee, you will either get a "yes" meaning it's a non-covert position or you will get no answer at all. That's what Novak got when he called about Plame. If Valerie was ever covert, then you are not allowed to reveal that she is currently a CIA employee - that's illegal. Revealing the name of a formerly covert agent exposes everyone they've ever worked with to danger. Valerie Wilson was known as an employee of Brewster Energy. When her identity as a CIA agent was established, Brewster Energy was revealed as a CIA front. That's where the problem comes in and why the CIA referred for investigation.
Whether someone is a desk jockey or not is irrevelant. Being a spy is dangerous, stressful work and they come and go. They spy for several years and then spend years at the agency. At a later point, they may very well go back out into the field. Valerie can't do that now. Every connection she established is lost.
I have a brother who was with the agency for many, many years. It's a tough life. We should be careful not to make it tougher.
We'll see about this mess.
Oh, and if his trip was classified, he would have been indicted ages ago. One wouldn't need a special prosecutor for that. Anybody at the Justice Department could handle that in a couple hours. That would make the Sandy Berger case look like the biggest spy trial of all time - it would be that easy.
We know the info was classified, we just don't know if it's intentionally leaked or not.
"After all, the entire case got started because Joe Wilson WROTE ABOUT HIS TRIP IN THE NY TIMES ! Which means, he broadcast classified info to the whole world !"
You hit the nail on the head as far as I'm concerned. Also, I might add that since the info he was going to verify was probably gleaned through HUMINT, it was very highly classified. Had he been in the military and done this he would be put away for a very long time IMHO.