Posted on 10/25/2005 9:11:39 PM PDT by FairOpinion
The problem is that the narrative line being offered up by the press is almost entirely wrong. And it is almost certainly true neither of the statutes that might cover the situation -- the Intelligence Identities Protection Act of 1982 and the Espionage Act of 1917 -- was violated, at least by anyone in the administration.
Consider the Intelligence Identities Protection Act. To violate it, you must disclose the name of a covert agent who has served abroad within the last five years, while knowing that that person was a covert agent. It does not appear that Plame was a covert agent who had served abroad within five years of the disclosure of her name to reporters. She was a desk officer at CIA headquarters at Langley at that time. This law was narrowly drafted and intended only to apply to people who purposefully endangered covert agents abroad. That is clearly not the case here.
The Espionage Act is less narrowly drafted. But it does set out specific things that cannot be disclosed -- ''information concerning any vessel, aircraft, work of defense, Navy yard,'' etc. The list does not include identity of CIA agents -- there weren't any in 1917 -- which is why the drafters of the 1982 IIPA felt the need for a new law to protect a very limited class of covert operatives.
So it seems clear to me that an indictment under either of these statutes would be a gross injustice.
To visit the rigors of criminal indictment, trial and punishment on someone who has done nothing that is specifically forbidden is unjust -- the very definition of injustice.
But why should there be indictments if there was no crime?
(Excerpt) Read more at suntimes.com ...
Let's hope that Fritz looked into that
I just saw another blurb from a Salon article that makes me think Fitzgerald did look into that aspect of the case, but since most of the reporters are throwing crap against the wall at this point, I don't dare trust the report!
Then why not just SAY it one way or the other?
When Novak called the CIA to verify info on Plame, they did NOT tell him she was covert, nor did they warn him off of printing his story. Hmmmmmmm.
Britt Hume has to be the second one.
Damn straight.
The CIA presumably knew her status when Novak called to verify her employment. Why didn't they forbid him to publish the story?
The Republicans/Bush administration should NOT have given in to the Dem demands of appointing a special prosecutor.
They should have made the very point you mentioned, that Novak checked with the CIA, who didn't tell him not to mention Plame and we have the Act which was NOT applicable here, so no crime, no investigation and told the Dems to go fly a kite, jump into the ocean, or whatever.
Chrissie has decided to play to the blogosphere and other whacko lefties. He has gone over the edge, and will eventually go the way of Phil Dohahue
Do you mean why wouldn't the CIA say something? Aside from the fact that it may involve national security stuff they can't really discuss publicly, what exactly would you expect them to do? The CIA wouldn't go on TV or show up posting the info on the internet, they'd have the DOJ or FBI investigate the matter. I'm not sure what you expect other than them asking for an investigation of the matter...
So, in the absence of a crime to be covered up, it would seem that any false statements to the Grand Jury (even if intended to mislead) cannot be perury--because they would lack materiality.
But maybe the Bush administration wanted to get to the bottom of the leaks too. For instance, who leaked the information about the raid on the terrorist supporters? Must have come from somewhere. Who has been leaking all kinds of CIA information to the media? Perhaps that's what he's been after all this time and Rove and Libby have just been a red herring for the press to run after.
IMHO this whole investigation has been about the rogue element in the CIA that sent Joe Wilson to Niger to begin with. All the other crap we have been hearing from mental midgets like Chrissy Matthews is nothing more than political masturbation. The real story is who took part in the decision to send Joe Wilson to Niger and who gave Joe Wilson the OK to write his Op Ed?
After all, in order for Wilson to undertake a secret mission by the CIA, he would have had to sign a confidentiality agreement before he left for Niger, and someone would have had to clear him to write his Op Ed in the NYT's.
IMHO all fingers point to Joe Wilson and my original opinion of him will be vindicated.... Joe Wilson is a fraud!
Exactly. And it seems they are counting not able to remember something a "crime", which was not the case for Clinton.
===
From another article:
Will Karl Rove Be Another Indicted for a Non-Crime?
http://www.freerepublic.com/focus/f-news/1509342/posts
"Then, we have the Karl Rove/Valerie Plame scenario. Even the ultra-liberal (actually leftist) NY Times said that Rove and Libby will more than likely be exonerated of the charge of "outing" former covert CIA agent Valerie Plame and that they did not violate the 1982 Intelligence Identities Protection Act. But, the Times went on to say that Special Prosecutor Fitzgerald would probably indict at least Rove on his inability to correctly remember a conversation he may have had. HOLD IT! During the Clinton Whitewater hearings both Bill and Hillary Clinton said they 'couldn't remember things' over 1,300 times combined! Neither one of them were indicted for their consistent lapses of memory. But, they were both Democrats. Rove and DeLay are not. Do you see a conspicuous and defined pattern here? "
All the CIA had to do was tell the DOJ that Plame was undercover and to start indicting people.
Yep, same here. Michael Barone and Brit Hume are the only two that I find that have any credibility left in front of a camera.
The dims are going to be frustrated!
CIA: "Yes indeed mister reporter, she's actually one of our spies. But please don't tell anyone we told you that."
Um, the CIA can't legally say that anymore than any other government official could.
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