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To: JohnM who wrote (10330)	10/2/2003 1:17:07 PM
From: carranza2	Respond to of 793706

the name of a covert CIA agent was leaked to the media Wrong, Daddy-o. With your prejudices and biases, you'd never make it to any of the juries I pick. If her identity is an open secret, as Novak says is the case, there is no crime. Why? Because her identity has been known and previously disclosed by others. Don't you get that elementary point? You can't kill a dead man; you can't defame with the truth; you don't jaywalk unless there's a prohibition against it; and, you can't disclose what's already public. Very simple. This whole episode is a political--not legal--bonfire of the vanities, 2003 style. There were two mistakes committed by the Administration. First, sending Wilson to Niger in the first place. Why they thought a Clintonista with an agenda would do a fair job is beyond me. Second, not requiring him to write a report. As a result, Wilson can now say anything he wishes to about his "report" without fear of being contradicted with hard proof.

To: JohnM who wrote (10330)	10/2/2003 1:41:58 PM
From: carranza2	Read Replies (3) \| Respond to of 793706

Ok, John, you legal beagle you, here's a copy of the statute that was allegedly violated, 50 USC 421: <<Sec. 421. - Protection of identities of certain United States undercover intelligence officers, agents, informants, and sources (a) Disclosure of information by persons having or having had access to classified information that identifies covert agent 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. (b) Disclosure of information by persons who learn identity of covert agents as result of having access to classified information Whoever, as a result of having authorized access to classified information, learns the identify of a covert agent and 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 five years, or both. (c) Disclosure of information by persons in course of pattern of activities intended to identify and expose covert agents Whoever, in the course of a pattern of activities intended to identify and expose covert agents and with reason to believe that such activities would impair or impede the foreign intelligence activities of the United States, discloses any information that identifies an individual as a covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such individual and that the United States is taking affirmative measures to conceal such individual's classified intelligence relationship to the United States, shall be fined under title 18 or imprisoned not more than three years, or both. (d) Imposition of consecutive sentences A term of imprisonment imposed under this section shall be consecutive to any other sentence of imprisonment>> Question, Prof, since you are so admant that a crime was committted, why don't you expound onf which subsection or subesctions were violated? Good luck.

To: JohnM who wrote (10330)	10/2/2003 2:04:35 PM
From: carranza2	Read Replies (2) \| Respond to of 793706

Since you are so absolutely, positively convinced that a crime has been committed, please tell me what proof you have that Ms. Plame resided out of the US within the last five years, as required by the statute's definitons? Here are a few factual tidbits that suggest she did not reside out of the US within five years as the law requries for criminal penalties to be imposed. Her husband was a special assistant to the President and senior director for African Affairs at the National Security Council from June 1997 until July 1998. Moreover, he was the political advisor to the commander-in-chief of US forces in Europe from 1995 through 1997. The disclosure allegedly took place sometime shortly before July 2003.