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Politics : Just the Facts, Ma'am: A Compendium of Liberal Fiction -- Ignore unavailable to you. Want to Upgrade?


To: Oeconomicus who wrote (37874)7/12/2005 9:56:16 PM
From: Lazarus_Long  Read Replies (1) | Respond to of 90947
 
Here's the Covert Agent Law.
caselaw.lp.findlaw.com
Novak might get nailed under section (c).

However, radio claims that it was well known in DC that Plame worked for the CIA and was in charge of the nuclear proliferation section. Legally, that might not be enough mean she wasn't "covert", though.

However,
Novak said a confidential source at the CIA told him Plame was "an analyst, not a spy, not a covert operative and not in charge of undercover operatives." (Full story)
cnn.com
indicates Plame was NOT an agent; hence no law would have been broken.

Wikipedia:
Plame's life history has been documented in the January 2004 Vanity Fair article *"Double Exposure." But little is known of Plame's professional career. She has described herself as an energy analyst for the private company Brewster Jennings & Associates, which was subsequently acknowledged by the CIA as a front. It has been reported that this cover was not executed very convincingly.
..................................................
The Novak column did describe Plame as an "operative," but did not use the description "covert." Novak has claimed that the CIA made "a very weak request" that he not name Plame publicly. WSJ.com columnist James Taranto suggests that this would indicate the absence of "affirmative measures to conceal" necessary for a violation of the law. [3]

The CIA has disputed Novak's claim and indicated that he was told revealing the information could cost agents their lives.

en.wikipedia.org

One of the nagging questions of the Valerie Plame case has always been who in the White House would have even known who Valerie Plame, covert CIA operative, actually was. The identity of covert agents is strictly compartmentalized information; even in high-level briefings on the actions or intelligence gathered by those agents, the agents themselves are identified by alias or code, not by name. The reasons for this practice are obvious.

And, in the case of the White House, there was hardly a pressing need to know the identity of one Ms. Valerie Plame. It is middlingly possible that members of the Bush Administration knew Mrs. Valerie Wilson as wife of Ambassador Joseph Wilson. It is less possible that more than a tight handful of persons -- if that -- would have known Valerie Plame, covert CIA operative. The highest crime in the Wilson/Plame case likely does not revolve principally around who, precisely, shopped the information about Plame's covert status to Novak and other D.C. journalists: instead, it rests with who told that political operative -- the one with a full rolodex and the skill to select presumed-friendly leak points -- that Plame was a CIA operative in the first place, and worthy of attack. Among the White House political staff, there was precisely zero need to know this information -- and if classified intelligence procedures were being followed, no opportunities to find out.

dailykos.com



To: Oeconomicus who wrote (37874)7/12/2005 10:39:22 PM
From: Sully-  Respond to of 90947
 
[Rove] "was rather a passive source, answering a phone call
at the reporter's behest and presumably changing topics to
the sexier one at issue at the reporter's behest"

THE PASSIVE KARL ROVE AND THE ACTIVE JUDITH MILLER

John Podhoretz
The Corner (all relevant links below)

Byron York has a vital detail in his must-read piece right now on the main part of the NRO website. Karl Rove's lawyer, Robert Luskin, tells Byron that Time's Matt Cooper called Rove to talk about something else and that only secondarily did the subject of Joseph Wilson and Valerie Plame come up.

This is important, because it suggests Rove wasn't "retailing" the information about Wilson and Plame -- wasn't reporter-shopping to drop a dirty dime on those involved -- but was rather a passive source, answering a phone call at the reporter's behest and presumably changing topics to the sexier one at issue at the reporter's behest as well.

Since Rove-centric psychos can devise any scenario whereby he manipulates people into doing everything he wants, I doubt this detail will change any minds in Daily Kos-ville. But it offers an important and nagging clue to the continuing antics of special prosecutor Patrick Fitzgerald.

What do I mean?

It means that clearly information was circulating around Washington about the identity of Wilson's CIA operative wife Valerie Plame. The presumption has thus far been in most quarters that the only people who could have known about this were administration officials.

But what if that's not right?

What if the original source for the "Wilson got the job from his CIA wife" was, in fact, a reporter?

After all, we know that the vice president's chief of staff, Lewis Libby, has testified he learned of Plame's identity from a journalist.

Wilson had gotten very cozy with a couple of them -- Walter Pincus of the Washington Post and Nicholas Kristof of the New York Times among them. What if he spilled the beans to enhance his own standing in the story somehow, to bolster his supposed findings?

What if -- and here's where it gets really interesting -- what if the real object of interest where Fitzgerald's investigation is concerned is now none other than the jailed Judith Miller of the New York Times? What if she let it all slip and in the giant game of telephone around the nation's capital, Miller was the original source of the "Plame's in the CIA" info?

What if Fitzgerald needs her notes to discern whether Miller knew or didn't know of Plame's supposedly covert status?

Fitzgerald already has a major bone to pick with Miller. He believes she materially and dangerously impeded his investigation into a terrorist-financing scheme run by the Holy Land Foundation.

When Miller found out that Fitzgerald was on the verge of indicting Holy Land, she called the Foundation for comment -- and right after her call Fitzgerald believes the Foundation may have commenced a shredding party that ensured prosecutors would find little paperwork to go on when they raided the Holy Land offices.

As the Washington Post put it,
   "On Dec. 3, 2001, Times reporter Judith Miller telephoned 
officials with the Holy Land Foundation for Relief and
Development, a Texas-based charity accused of being a
front for Palestinian terrorists, and asked for a comment
about what she said was the government's probable
crackdown on the group. U.S. officials said this
conversation and Miller's article on the subject in the
Times on Dec. 4 increased the likelihood that the
foundation destroyed or hid records before a hastily
organized raid by agents that day."
Fitzgerald sought her phone records on that occasion to uncover the source of a potential leak in his own office and was blocked by a liberal New York judge named Robert Sweet.

Miller didn't get so lucky this time. Fitzgerald thinks Miller has a loose tongue, and for good reason. It's possible he's trying to figure out what other mischief her loose tongue might have caused.

Chew on that for a while. I'm exhausted.

corner.nationalreview.com

nationalreview.com

washingtonpost.com



To: Oeconomicus who wrote (37874)7/12/2005 11:32:08 PM
From: Sully-  Read Replies (1) | Respond to of 90947
 
   "She had a desk job in Langley," said Ms. Toensing, who 
also signed the supporting brief in the appeals court,
referring to the C.I.A.'s headquarters. "When you want
someone in deep cover, they don't go back and forth to
Langley."
Rovegate

By jkelly
Irish Pennants

I must confess that I am enjoying immensely the frenzy much of the media and the Left (but I repeat myself) have gotten into over Karl Rove's possible involvement in the "outing" of Valerie Plame.

Lorie Byrd of Polipundit shares my mirth:
    I don’t even know how to describe the journalists’ 
questions in the briefing. I guess I could say they were
disrespectful and disgraceful, but that does not quite do
it justice. When I was watching, I just could not even
get terribly angry about it because I was laughing too
hard. Here are these blow-dried reporters who have spent
years focusing their reports on whatever points the
Democrat leaders tell them are important, rather than
correctly framing and reporting the stories they cover,
getting all nasty and going off on Scott McClellan over
Karl Rove.
So does Hugh Hewitt:
    I was also laughing away, and we put out calls for Terry 
and David to join me on the program, but evidently faux
outrage is too difficult to maintain. Lorie asks why such
focus on Rove, and the answer is clearly that --unlike
the war or the SCOTUS nomination-- the Plame Affair is
about journalists, and this makes it very, very important
to journalists.
Add in the fact that Rove does talk to
Cooper and others but not the television guys who are
generally understood not to bring too much game to the
table, and the perfect storm develops over the White
House press room.
The New York Times has a long, long story on the affair today, with -- as Michelle Malkin notes -- the important stuff buried near the end:
    The e-mail message from Mr. [Matthew] Cooper to his 
[Time] bureau chief describing a brief conversation with
Mr. Rove, first reported in Newsweek, does not by itself
establish that Mr. Rove knew Ms. Wilson's covert status
or that the government was taking measures to protect her.
    Based on the e-mail message, Mr. Rove's disclosures are 
not criminal, said Bruce S. Sanford, a Washington lawyer
who helped write the law and submitted a brief on behalf
of several news organizations concerning it to the
appeals court hearing the case of Mr. Cooper and Judith
Miller, a reporter for The New York Times. Ms. Miller has
gone to jail rather than disclose her source.
   "It is clear that Karl Rove's conversation with Matt 
Cooper does not fall into that category" of criminal
conduct, Mr. Sanford said. "That's not 'knowing.' It
doesn't even come close."
    There has been some dispute, moreover, about just how 
secret a secret agent Ms. Wilson was.
   "She had a desk job in Langley," said Ms. Toensing, who 
also signed the supporting brief in the appeals court,
referring to the C.I.A.'s headquarters. "When you want
someone in deep cover, they don't go back and forth to
Langley."

Howard Kurtz describes some of the snarkiness in his column in the Washington Post today. That column contains this paragraph, which contains two demonstrably false assertions in parenthetical clauses:
    But politically, this is a bombshell. Rove, who has 
insisted he did not leak Plame's name, had something to
do with this effort, even if he didn't "name" her. (The
defense: It all depends on the meaning of the word "leak")
He was attempting to undercut Wilson when he told Cooper
that wifey had helped set up Wilson's fact-finding trip
to Niger (where Wilson didn't find the facts the
administration wanted on Saddam seeking uranium) and that
the uranium business could still be true (it wasn't). And
didn't the White House promise to fire anyone involved in
the leak?
Kurtz illustrates the blithe disregard that many in the Washington press corps have for facts that do not fit their memes:

The Senate Intelligence Committee, which investigated Wilson's charges, noted that in his report to the CIA, Wilson confirmed that Iraqis had approached Nigerien officials about buying "yellowcake" ore, so Wilson did "find the facts that the administration wanted on Saddam seeking uranium."
Since this is so, it follows that "the uranium business could still be true."

When the Wilson brouhaha broke, the British established a commission under Lord Butler to investigate prewar intelligence on Iraq from MI5 and MI6:

We conclude that, on the basis of the intelligence
assessments at the time, covering both Niger and the
Democratic Republic of Congo, the statements on Iraqi
attempts to buy uranium from Africa in the Government’s
dossier, and by the Prime Minister in the House of
Commons, were well-founded. By extension, we conclude
also that the statement in President Bush’s State of the
Union Address of 28 January 2003 that:
    The British Government has learned that Saddam Hussein 
recently sought significant quantities of uranium from
Africa was well-founded. (Paragraph 499)
The Senate Intelligence Committee report and the Butler Commission report are both easily accessible on the Web. Yet Kurtz and his colleagues continue to lie.

And no, Howard, the White House "didn't promise to fire anyone who was involved in the leak."

The president promised to fire anyone who violated the law.

Trust journalists not to understand the difference.

irishpennants.com

polipundit.com

hughhewitt.com

michellemalkin.com

washingtonpost.com