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To: carranza2 who wrote (10341)	10/2/2003 1:48:02 PM
From: carranza2	Read Replies (1) \| Respond to of 793707

John, here are the defenses as set forth in 50 USC 422: >> Sec. 422. - Defenses and exceptions (a) Disclosure by United States of identity of covert agent It is a defense to a prosecution under section 421 of this title that before the commission of the offense with which the defendant is charged, the United States had publicly acknowledged or revealed the intelligence relationship to the United States of the individual the disclosure of whose intelligence relationship to the United States is the basis for the prosecution. (b) Conspiracy, misprision of felony, aiding and abetting, etc. (1) Subject to paragraph (2), no person other than a person committing an offense under section 421 of this title shall be subject to prosecution under such section by virtue of section 2 or 4 of title 18 or shall be subject to prosecution for conspiracy to commit an offense under such section. (2) Paragraph (1) shall not apply (A) in the case of a person who acted 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, or (B) in the case of a person who has authorized access to classified information. (c) Disclosure to select Congressional committees on intelligence It shall not be an offense under section 421 of this title to transmit information described in such section directly to the Select Committee on Intelligence of the Senate or to the Permanent Select Committee on Intelligence of the House of Representatives. (d) Disclosure by agent of own identity It shall not be an offense under section 421 of this title for an individual to disclose information that solely identifies himself as a covert agent

To: carranza2 who wrote (10341)	10/2/2003 2:37:57 PM
From: JohnM	Read Replies (1) \| Respond to of 793707

Still love to taunt, don't you. The key word in these statutes as I read them is "intention." Not being there, neither of us knows for certain. But there are ways to address that. Let's say that, most innocent interpretation, whoever talked with Novak did not "intend" to out here. Here's the problem with that. First, all of Novak's accounts confirm the person wished to use Plame's CIA identity to, at least, argue there was nepotism here. Now that argument cannot be made without some sort of identification as Wilson's wife as a CIA agent. Hard to see how this was not intentional. But let's assume innocence again. He let it slip. Well, were that the case, he would have moved the proverbial heaven and earth to get Novak not to print it, etc. Novak does not report any of that. So intent sounds like a reasonably strong argument.

To: carranza2 who wrote (10341)	10/3/2003 3:01:07 AM
From: Nadine Carroll	Read Replies (1) \| Respond to of 793707

c2, let me check my understanding - If I know of a covert agent's id because I have access to classified information, it's a crime if I make it public or even tell someone who's not supposed to know. But if I know of a covert agent's id because someone else who had access to classified information told me, then he's committed a crime, but I cannot commit a crime even if I publish the information. Right? So wouldn't it all depend if Novak's leakers had authorized access to the information? Not that we'll ever know, of course. If it was an open secret, then hundreds of people could have told Novak about it.