To: lurqer who wrote (34388 ) 1/7/2004 7:55:12 AM From: stockman_scott Respond to of 89467 Plame leak shameful no matter how the White House spins ithillnews.com January 7, 2004 By JOSH MARSHALL With its current battles in the snowy wastes of Iowa and New Hampshire, the Democratic Party may be, for the moment, a house divided against itself. But Democrats at least have the consolation of the Plame investigation, which continues to validate their least generous suspicions about how the Bush White House operates and underscore the president’s seeming indifference to recklessness and law-breaking among high-level members of his own staff. As you know, last week Attorney General John Ashcroft recused himself from further involvement in the Plame case. Ashcroft deputy James Comey then appointed Peter Fitzgerald, the U.S. attorney from Chicago, to take over the investigation. But a more telling development has come in subsequent days as key defenders of the White House have begun to change their line of defense. Their tactic lately is no longer to deny that some key White House officials tipped columnist Robert Novak off to the fact that Joe Wilson’s wife, Valerie Plame, was a covert employee of the CIA. These days, they just say that it wasn’t a crime. It’s the rhetorical equivalent of pleading no contest: Yes, we did it. But so what? As prominent Republican defense lawyer and former congressional staffer Victoria Toensing told The Washington Post last week, it probably wasn’t a crime because the perpetrators didn’t know Plame was undercover, as opposed to some garden variety agency 9-to-5 worker. And, for the leak to be a crime, the law in question says that the leakers had to know. Toensing’s comments were followed in the same Post article by concessions, from GOP legal sources in touch with the White House, that the earlier denials by White House spokesman Scott McClellan were actually non-denial denials. So where does this leave us? Let’s start by remembering why Toensing’s surmise is almost certainly false and then consider why it would hardly be better if it were true. First, did they know? Let’s start with the most direct evidence we have. When Novak penned his column, he called Plame an “agency operative on weapons of mass destruction.” In the intelligence world, the term “operative” has a more specific meaning than it does in everyday English. It almost always refers to a clandestine agent rather than an analyst. And as I noted in this column Oct. 15, a review of Novak’s past columns shows that he always uses the word in that way — to refer to an undercover agent. Every time. After the Plame story first caught fire at the end of September, Novak tried to pass his use of the word “operative” off as a careless mistake. But for such a seasoned reporter, that excuse hardly passes the laugh test. There’s no credible way of getting around the conclusion that Novak knew Plame was covert. And if Novak knew, that means his sources knew. And if his sources knew, well … that’s game, set, match. But, again, let’s consider the quite unlikely possibility that the perps in the Plame case didn’t know what Plame did at the CIA. At trial, that might let them slip free. But in substantive terms it would if anything make it worse. Here’s why. We know that White House leakers knew that Plame was involved in weapons-of-mass-destruction work. Novak said so. And, more important, the whole reason for leaking her identity in the first place was their claim that she had somehow arranged for her husband, Joe Wilson, to be sent to Niger to investigate the uranium claims. We now know, or seem to know, that Plame was not then involved in an operation in which her life would be put into immediate danger if her identity were revealed or an operation that, if compromised, would have immediate and grave repercussions for American national security. But the defense now being floated out of the White House is that the perps didn’t really have any clear idea what she did — only that she worked at the CIA and was involved in controlling the spread of weapons of mass destruction. In other words, they disclosed her identity without making any attempt to ascertain whether the disclosure might put her in harm’s way or scuttle a major anti-proliferation operation. For all they knew, Plame was then involved in a clandestine effort to take down a band of terrorists who were smuggling uranium from Pakistan into Germany for later use against the United States. Yet the leakers made no effort to find out. If true, that would amount to a stunningly reckless indifference to protecting American lives and U.S. national security. But this appears to be exactly what the White House and its defenders are trying to say happened. No matter how you slice it, top White House officials acted in a way that should disqualify them from future service on the president’s staff. Unfortunately, the president doesn’t seem to mind. ____________________ Josh Marshall is editor of talkingpointsmemo.com. His column appears in The Hill each Wednesday. Email: jmarshall@thehill.com