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How can there be a cover up when there was no crime to cover up. But that doesn't apply to obstruction of justice and perjury
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Folks, this has been my question from day 1.
No one could really give me a clear and unambigous answer.
The question was and still is this --- the OFFICIAL STATUS of Valerie Plame.
COVERT OR NOT ?
If Covert, then yes, this case should have been prosecuted. I think the fact that this case WAS PROSECUTED shows that she indeed still held the covert status.
No, she was not covert - She was in a classified position (which is different) - However the fact seems clear this case should not have been prosecuted -- However, once prosecuted Mr. Libby seems to have foolishly tried to spin to the GJ (when he didn't need to at all!).
Bottom line is this was a depressing day for the MSM and DEM's - They know there is nothing to this in the grand scheme of things.
Even if she was "covert" the standard is higher than that :
http://caselaw.lp.findlaw.com/casecode/uscodes/50/chapters/15/subchapters/iv/sections/section_421.html
"and that the United States is taking affirmative measures to conceal such covert agent's intelligence relationship to the United States"
If the CIA was trying to conceal her identity they wouldn't have sent Wilson to Niger with her.
Fitzgerald is operating out of a DoJ office ("Counter Espionage") specifically established for these sorts of cases. Clearly the CIA could reveal Plame's "status" if Fitzgerald had asked for it, which common sense says he must have. It is absolutely implausible that he did not.
Reading the pertinent sections of the statute, it's also clear that Libby is/was subject to it. Thus one must conclude that Plame was not covert, else Fitzgerald would have no choice but to indict Libby under the Intelligence Identities Protection Act.
"Whoever, having or having had authorized access to classified information that identifies a covert agent, intentionally discloses any information identifying such covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such covert agent and that the United States is taking affirmative measures to conceal such covert agent’s intelligence relationship to the United States, shall be fined under title 18 or imprisoned not more than ten years, or both."
[snip]
4)The term “covert agent” means— (A) a present or retired officer or employee of an intelligence agency or a present or retired member of the Armed Forces assigned to duty with an intelligence agency— (i) whose identity as such an officer, employee, or member is classified information, and (ii) who is serving outside the United States or has within the last five years served outside the United States
The question was and still is this --- the OFFICIAL STATUS of Valerie Plame.
COVERT OR NOT ?
If Covert, then yes, this case should have been prosecuted. I think the fact that this case WAS PROSECUTED shows that she indeed still held the covert status.
And as I keep asking. Her identity was at the very least 'classified'. Is it okay with you for government officials to leak classified info to the press when it suits their purpose? Do you want every staffer to have that privilege?