It appears Karl Rove Is In Serious Trouble, by John W. Dean

[rumpel]

http://writ.news.findlaw.com/dean/20050715.html

As the scandal over the leak of CIA agent Valerie Plame's identity has continued to unfold, there is a renewed focused on Karl Rove -- the White House Deputy Chief of Staff whom President Bush calls his political "architect."

snip

No Apparent Violation Of The Identities Protection Act

As I pointed out when the Valerie Plame Wilson leak first surfaced, the Intelligence Identities And Protection Act is a complex law. For the law to apply to Rove, a number of requirements must be met.

Rove must have had "authorized access to classified information" under the statute. Plame was an NCO (non-covered officer). White House aides, and even the president, are seldom, if ever, given this information. So it is not likely Rove had "authorized access" to it.

In addition, Rove must have "intentionally" -- not "knowingly" as has been mentioned in the news coverage -- disclosed "any information identifying such a covert agent." Whether or not Rove actually referred to Mrs. Wilson as "Valerie Plame," then, the key would be whether he gave Matt Cooper (or others) information that Joe Wilson's wife was a covert agent. Also, the statute requires that Rove had to know,a as a fact, that the United States was taking, or had taken, "affirmative measures to conceal" Valerie Plame's covert status. Rove's lawyer says he had no such knowledge.

In fact, there is no public evidence that Valerie Wilson had the covert status required by the statute. A covert agent, as defined under this law, is "a present or retired officer or employee" of the CIA, whose identity as such "is classified information," and this person must be serving outside of the United States, or have done so in the last five years.

There is no solid information that Rove, or anyone else, violated this law designed to protect covert CIA agents. There is, however, evidence suggesting that other laws were violated. In particular, I have in mind the laws invoked by the Bush Justice Department in the relatively minor leak case that it vigorously prosecuted, though it involved information that was not nearly as sensitive as that which Rove provided Matt Cooper (and possibly others).

[wookie294]

1. NBC News: Government sources confirm Plame was undercover

Reporter David Gregory said last night that he confirmed with government sources that Plame was indeed undercover when she was outed. You can hear his report at this link....

http://podcast.msnbc.com/audio/podcast/nightly-07-14-2005-165539.mp3

About 8 minutes into the newscast.

[pacalo]

4. Ex-CIA officer Larry Johnson, who knew Plame, says she was undercover...

The Big Lie About Valerie Plame
By Larry Johnson
From: TPMCafe Special Guests

The misinformation being spread in the media about the Plame affair is alarming and damaging to the longterm security interests of the United States. Republicans' talking points are trying to savage Joe Wilson and, by implication, his wife, Valerie Plame as liars. That is the truly big lie.

For starters, Valerie Plame was an undercover operations officer until outed in the press by Robert Novak. Novak's column was not an isolated attack. It was in fact part of a coordinated, orchestrated smear that we now know includes at least Karl Rove.

Valerie Plame was a classmate of mine from the day she started with the CIA. I entered on duty at the CIA in September 1985. All of my classmates were undercover--in other words, we told our family and friends that we were working for other overt U.S. Government agencies. We had official cover. That means we had a black passport--i.e., a diplomatic passport. If we were caught overseas engaged in espionage activity the black passport was a get out of jail free card.

Jul 13, 2005 -- 12:47:20 AM EST

[rumpel]

5. thanks for the link. In this column Dean says:

"A covert agent, as defined under this law, is "a present or retired officer or employee" of the CIA, whose identity as such "is classified information," and this person must be serving outside of the United States, or have done so in the last five years."

[rumpel]

2. it continues: The Randel Precedent -- If Followed -- Bodes Ill For Rove

must read whole column, everyone!


US Title 18 Sec. 641

http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=18&sec=641

under which the Administration vigorously prosecuted a DEA analyst.

[writes2000]

3. I read this earlier. If held to the same precedents, Rove is screwed.

[rumpel]

6. The GOP talking points are crumbling, too bad, they think We The People

are idiots.

[alfredo]

7. Recommended.

This gives me hope that justice will be done.