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EX=PROSECUTOR: PLAME LEAK NOT ILLEGAL
NEWSMAX ^ | 2/22/05

Posted on 02/22/2005 10:14:45 AM PST by areafiftyone

The former prosecutor who helped draft the law that Democrats say was violated when someone in the Bush administration leaked a CIA worker's name to columnist Robert Novak now says that no laws were broken in the case.

Writing with First Amendment lawyer Bruce Sanford in the Washington Post recently, former Assistant Deputy Attorney General Victoria Toensing explained that she helped draft the law in question, the 1982 Intelligence Identities Protection Act.

Says Toensing, "The Novak column and the surrounding facts do not support evidence of criminal conduct."

For Plame's outing to have been illegal, the one-time deputy AG says, "her status as undercover must be classified." Also, Plame "must have been assigned to duty outside the United States currently or in the past five years."

Since in neither case does Plame qualify, Toensing says: "There is a serious legal question as to whether she qualifies as 'covert.'"

The law also requires that the celebrated non-spy's outing take place by someone who knew the government had taken "affirmative measures to conceal [the agent's] relationship" to the U.S., a prospect Toensing says is unlikely.

Other signs that no laws were broken include the fact that after Plame was outted, the CIA's general counsel took no steps to prosecute Novak, as has been done to other reporters under similar circumstances.

Neither did then-CIA Director George Tenet or his deputy pick up the phone to tell Novak that the publication of her name would threaten national security and her safety, as is also routinely done when the CIA is serious about prohibiting publication.

In fact, the myth that laws were violated in the Plame case began to unravel in October 2003, in a column by New York Times scribe Nicholas Kristof, who explained that Valerie Plame had abandoned her covert role a full nine years before.

"The C.I.A. suspected that Aldrich Ames had given [Plame's] name [along with those of other spies] to the Russians before his espionage arrest in 1994. So her undercover security was undermined at that time, and she was brought back to Washington for safety reasons."

Kristof also noted that Plame had begun making the transition to CIA "management" even before she was outted, explaining that "she was moving away from 'noc' – which means non-official cover ... to a new cover as a State Department official, affording her diplomatic protection without having 'C.I.A.' stamped on her forehead."

Noted the Timesman: "All in all, I think the Democrats are engaging in hyperbole when they describe the White House as having put [Plame's] life in danger and destroyed her career; her days skulking along the back alleys of cities like Beirut and Algiers were already mostly over."

So why – with a special prosecutor now threatening to toss Time magazine's Matthew Cooper and New York Times reporter Judith Miller in jail if they don't give up their sources in the Plame case – aren't their lawyers invoking the "no laws were broken" defense?

Explains the National Review's Rich Lowry: The Miller-Cooper defense hasn't made this argument because it would be too embarrassing to admit that the Bush administration's "crime of the century" wasn't really a crime at all, especially after a year and a half of media chest-beating to the contrary.

"It was just a Washington flap played for all it was worth by the same news organizations now about to watch their employees go to prison over it," says Lowry.

"That's the truth that the media will go to any length to avoid."


TOPICS: News/Current Events
KEYWORDS: brucesanford; cia; cialeak; novak; plame; toensing
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This will put DUers panties in a wad!
1 posted on 02/22/2005 10:14:46 AM PST by areafiftyone
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To: areafiftyone

So Wilson won't go to jail for outing his wife?


2 posted on 02/22/2005 10:17:24 AM PST by SmithL (Proud Submariner)
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To: Alia

ping


3 posted on 02/22/2005 10:17:59 AM PST by JesseJane (Don't Fear the FReeper!)
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To: areafiftyone

No doubt! But just watch...the MSM, rather than reporting that the news was no news, will just let yet another one of their errors fade away without comment.


4 posted on 02/22/2005 10:19:05 AM PST by pharmamom (Ping me, Baby.)
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To: areafiftyone

Nice!


5 posted on 02/22/2005 10:20:29 AM PST by syriacus (Was Margaret Hassan kidnapped because she knew the Oil for Food program failed to aid Iraqis?)
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To: areafiftyone; Mo1; Howlin; Peach; BeforeISleep; kimmie7; 4integrity; BigSkyFreeper; RandallFlagg; ..
BLAWAWAWAWWAWWAWW!!!!!!!!!!!

What's that sound I hear in the distance?

Why I think that's Tom Harkin going mad!!
6 posted on 02/22/2005 10:22:13 AM PST by OXENinFLA
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To: areafiftyone

It hasn't hit their radar yet...had the website up so I could laugh at their "Karl Rove planted the tapes to distract from the Gannon/Guckert scandal" comments and just checked "Latest"...nothing there yet.


7 posted on 02/22/2005 10:24:32 AM PST by ravingnutter
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To: areafiftyone
"It was just a Washington flap played for all it was worth by the same news organizations now about to watch their employees go to prison over it," says Lowry.

Har-de-har-har!!!! Will there be a perp walk?? Will Eason Jordan cover this??

JOURNALISTS TARGETED BY SELVES,

COST TAXPAYERS MILLIONS,

INVOICE GOES TO EMPLOYER!

8 posted on 02/22/2005 10:24:47 AM PST by JesseJane (Don't Fear the FReeper!)
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To: cyncooper; backhoe; piasa; windchime; Shermy; Wolfstar

Ping!


9 posted on 02/22/2005 10:25:53 AM PST by Ben Hecks
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To: ravingnutter

The fact that it is in Newsmax means that it probably won't hit their radar and if it does they won't believe it.


10 posted on 02/22/2005 10:26:15 AM PST by areafiftyone (The Democrat's Mind: The Hamster's dead but the wheel's still spinning!)
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To: cyncooper

pingeroo!


11 posted on 02/22/2005 10:27:50 AM PST by MamaLucci (Libs, want answers on 911? Ask Clinton why he met with Monica more than with his CIA director.)
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To: ravingnutter
It's starting...

Plame Leak Not a Crime?

Looks like our Valerie Plame theory--that Ashcroft recused himself so that fewer people will scream whitewash when the Justice Department announces it can't prove a crime and no one gets indicted --is getting more play.

(The rest: http://talkleft.com/new_archives/004859.html)

12 posted on 02/22/2005 10:30:57 AM PST by JesseJane (Don't Fear the FReeper!)
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To: JesseJane

Thank you, JJ. Again, who wanted direction focused on Africa but not Syria and Iran; I'm still asking my question; and it may never find resolution. The story was a tempest from the get go. Oh dang.. that's right France is still determined to sell arms to China; of course Dick Cheney halted the process of major-serious arms sales there; but now there are talks concerning lesser "arms" sales. I wonder how the joint Russia-France Space Programs are rolling..


13 posted on 02/22/2005 10:33:43 AM PST by Alia
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To: areafiftyone

And don't forget, Gannon was connected to the Plame thingy, somehow, so this is just Rovian propaganda to keep the truth about BUSHCo.s criminal blah blah blah......


14 posted on 02/22/2005 10:34:35 AM PST by MisterRepublican (Liberalism kills.)
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To: SmithL

No... Wilson will probably get a cushy job doing college "speaking" assignments at $10-30,000 per "event".


15 posted on 02/22/2005 10:35:05 AM PST by Alia
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To: 1stMarylandRegiment; 1Mike; xJones; 3catsanadog; ~Vor~; ~Kim4VRWC's~; A CA Guy; ...

Surely this man is a Karl Rove puppet!!


16 posted on 02/22/2005 10:35:36 AM PST by Howlin (Free the Eason Jordan Tape!!!)
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To: prairiebreeze; onyx; Texasforever; CyberAnt; BigSkyFreeper; Tamsey; mrs tiggywinkle; EllaMinnow; ...
Since in neither case does Plame qualify, Toensing says: "There is a serious legal question as to whether she qualifies as 'covert.'"

True ...

But I believe ... leaking classified information from the CIA as Joe Wilson did by his op-ed piece in the NYT is against the law

17 posted on 02/22/2005 10:36:10 AM PST by Mo1 (Question to Liberals .. When did supporting and defending Freedom become a bad thing??)
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To: areafiftyone
The Plame game: Was this a crime?

Victoria Toensing and Bruce W. Sanford SPECIAL TO THE WASHINGTON Thursday, February 17, 2005

18 posted on 02/22/2005 10:36:31 AM PST by OXENinFLA
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To: MisterRepublican

lol! Yep. Some people think "connecting" dots is like pointing out stars in the sky and saying: Hey! These have connectness! lol


19 posted on 02/22/2005 10:36:39 AM PST by Alia
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To: Ben Hecks

Thanks!


20 posted on 02/22/2005 10:37:35 AM PST by windchime (Hillary: "I've always been a preying person")
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To: Howlin
Surely this man is a Karl Rove puppet!!

Another Pearfect Rovian Storm for which there will be much wailing and gnashing of teeth by the DUmmies.

21 posted on 02/22/2005 10:37:39 AM PST by NeoCaveman (http://route-82.blogspot.com)
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To: Howlin
Surely this man is a Karl Rove puppet!!

Did you hear Bill Krystol last night on Special report

I just about busted my gut laughing at how he was mocking the left and blaming everything on Rove

22 posted on 02/22/2005 10:38:07 AM PST by Mo1 (Question to Liberals .. When did supporting and defending Freedom become a bad thing??)
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To: Mo1

I heard that........I was laughing right along with you.


23 posted on 02/22/2005 10:39:06 AM PST by Howlin (Free the Eason Jordan Tape!!!)
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To: Mo1

I absolutely LOVE Victoria (and Joe, too!).


24 posted on 02/22/2005 10:39:45 AM PST by Howlin (Free the Eason Jordan Tape!!!)
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To: Mo1; Howlin
For Plame's outing to have been illegal, the one-time deputy AG says, "her status as undercover must be classified." Also, Plame "must have been assigned to duty outside the United States currently or in the past five years."

Why has it taken so long for someone to bring this point up?! Crikies! -- we were broaching this a year ago.

25 posted on 02/22/2005 10:40:05 AM PST by My2Cents ("Friends stab you from the front." -- Oscar Wilde)
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To: OXENinFLA

It never ceases to amaze me how deftly this Administration justs sits back and watches these loonies hoist themselves on their own petard. There is a masterful chess player in there somewhere I'm thinking? ;)


26 posted on 02/22/2005 10:40:24 AM PST by Bahbah
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To: areafiftyone

why does it take so long for this info to surface?


27 posted on 02/22/2005 10:40:45 AM PST by bigsigh
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To: Howlin; Mo1

Check out the link at post 18...


28 posted on 02/22/2005 10:42:19 AM PST by OXENinFLA
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To: Howlin

The RATS just keep losing and getting more frustated.


29 posted on 02/22/2005 10:44:20 AM PST by doug from upland (Ray Charles --- a great musician and safer driver than Ted Kennedy)
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To: Alia

It's an interesting question, and it involves the claims that Kelley 'sexed up' his report. As far as I can remember, the 16 words in the SOU, were never disproved, only clarified. All proved out with the 9/11 Report. So, what comes to mind, is, the intent of the Rockefeller memo. To politicize classified information for the purpose of taking down a sitting President. Inside job.


30 posted on 02/22/2005 10:44:21 AM PST by JesseJane (Don't Fear the FReeper!)
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To: Howlin; PhilDragoo; Happy2BMe; devolve
haha! Yet ANOTHER blow to the lefties!

31 posted on 02/22/2005 10:45:08 AM PST by MeekOneGOP (There is only one GOOD 'RAT: one that has been voted OUT of POWER !! Straight ticket GOP!)
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To: areafiftyone
This legal opinion has been out there from the beginning.

A game is being paid and I for one cannot figure out why.

32 posted on 02/22/2005 10:45:57 AM PST by OldFriend (America's glory is not dominion, but liberty.)
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To: Howlin; Mo1; areafiftyone
Boy this went under the radar......

The Plame Game: Was This a Crime? FR Post 1-12-05

33 posted on 02/22/2005 10:46:02 AM PST by OXENinFLA
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To: OXENinFLA

I was just wondering about that.....thanks.


34 posted on 02/22/2005 10:47:41 AM PST by Howlin (Free the Eason Jordan Tape!!!)
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To: Howlin; Ben Hecks
Martyrs to Media Absurdity  NRO   Rich Lowry  2-18-05
35 posted on 02/22/2005 10:50:30 AM PST by windchime (Hillary: "I've always been a preying person")
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To: areafiftyone

Why is this investigation taking so long if there's reason to believe there wasn't even a crime committed? Hasn't Fitzgerald been at this for over a year?


36 posted on 02/22/2005 10:50:42 AM PST by Steve_Seattle
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To: areafiftyone

LOUSY FREEPER TROLL!

;-)


37 posted on 02/22/2005 10:52:27 AM PST by maggief
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To: My2Cents; Howlin

What did the MSM know, and when did they know it?


38 posted on 02/22/2005 10:53:16 AM PST by anniegetyourgun
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To: Howlin

"Explains the National Review's Rich Lowry: The Miller-Cooper defense hasn't made this argument because it would be too embarrassing to admit that the Bush administration's "crime of the century" wasn't really a crime at all, especially after a year and a half of media chest-beating to the contrary.

"It was just a Washington flap played for all it was worth by the same news organizations now about to watch their employees go to prison over it," says Lowry.

"That's the truth that the media will go to any length to avoid."

Oh my..get the popcorn!


39 posted on 02/22/2005 10:53:16 AM PST by MEG33 (GOD BLESS OUR ARMED FORCES)
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To: MEG33

Between this and the CBS people refusing to quit, we may just have a long, fun summer!


40 posted on 02/22/2005 10:55:54 AM PST by Howlin (Free the Eason Jordan Tape!!!)
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To: Howlin

No Democrats will blame Israel.


41 posted on 02/22/2005 10:58:10 AM PST by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: Howlin
In fact, the myth that laws were violated in the Plame case began to unravel in October 2003, in a column by New York Times scribe Nicholas Kristof, who explained that Valerie Plame had abandoned her covert role a full nine years before

Well well well. I wondered what the hoopala was when the story first broke knowing she was no longer covert (hadn't been for 5 years) and was assigned to desk duty inside the USA. My question is why it took Victoria Toensing these many months to define the law. If her political leanings are any indication, she's owed a big thank you for the egg on some faces.

42 posted on 02/22/2005 11:00:43 AM PST by StarFan
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To: StarFan

Maybe she did and we missed it; we missed the article in January!


43 posted on 02/22/2005 11:05:05 AM PST by Howlin (Free the Eason Jordan Tape!!!)
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To: JesseJane
No kidding. And I'm inferring you mean the British, now deceased, Dr. David Kelly, an Iraq Arms expert.

Lord Hutton Defends Narrow Scope of Inquiry

Galloway, and others in the socialist arms of British politics both in office and at academia USED Dr. Kelly. They hounded him, they harassed him, they maligned him. It was death by press. And Mr. Kelly is alleged to have committed suicide over it. (I don't find that improbable, given what I dug up and learned about the man's character -- a proper Brit, betrayed, and taken advantage of.)

It was so-called "sexed-up" in the MSM in order to place a buzzy little trap to ensnare PM Tony Blair, and to "insidiously" release "intel data". While the British gimps were doing this to PM Blair, our own homegrown Gimps were attempting same to Presient Bush.

JJ? You got a handy link to that Rockefeller memo, pls?

44 posted on 02/22/2005 11:05:10 AM PST by Alia
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To: areafiftyone
"It was just a Washington flap played for all it was worth by the same news organizations now about to

Oh, come on, Rich Lowry. A "flap" where the President is accused of lying and retaliating against the supposed whistle blower?

I'd like those who perpetrated the big lie against the Bush administration to be forced to admit that's what they did.

45 posted on 02/22/2005 11:15:52 AM PST by cyncooper
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To: Alia
Yes, Dr. David Kelly. Hounded to death. BBC journo's complicit... brutal story...
http://www.hillnews.com/news/110603/memo.aspx

Rockefeller memo

Here is the full text of the memo from the office of Sen. Jay Rockefeller (D-WVa.) on setting a strategy for pursuing an independent investigation of pre-war White House intelligence dealings on Iraq.

We have carefully reviewed our options under the rules and believe we have identified the best approach. Our plan is as follows:

1) Pull the majority along as far as we can on issues that may lead to major new disclosures regarding improper or questionable conduct by administration officials. We are having some success in that regard.

For example, in addition to the President's State of the Union speech, the chairman [Sen. Pat Roberts] has agreed to look at the activities of the office of the Secretary of Defense, Rumsfeld, Wolfowitz, as well as Secretary Bolton's office at the State Department.

The fact that the chairman supports our investigations into these offices and cosigns our requests for information is helpful and potentially crucial. We don't know what we will find but our prospects for getting the access we seek is far greater when we have the backing of the majority. [We can verbally mention some of the intriguing leads we are pursuing.]

2) Assiduously prepare Democratic 'additional views' to attach to any interim or final reports the committee may release. Committee rules provide this opportunity and we intend to take full advantage of it.

In that regard we may have already compiled all the public statements on Iraq made by senior administration officials. We will identify the most exaggerated claims. We will contrast them with the intelligence estimates that have since been declassified. Our additional views will also, among other things, castigate the majority for seeking to limit the scope of the inquiry.

The Democrats will then be in a strong position to reopen the question of establishing an Independent Commission [i.e., the Corzine Amendment.]

3) Prepare to launch an independent investigation when it becomes clear we have exhausted the opportunity to usefully collaborate with the majority. We can pull the trigger on an independent investigation of the administration's use of intelligence at any time. But we can only do so once.

The best time to do so will probably be next year, either:

A) After we have already released our additional views on an interim report, thereby providing as many as three opportunities to make our case to the public. Additional views on the interim report (1). The announcement of our independent investigation (2). And (3) additional views on the final investigation. Or:

B) Once we identify solid leads the majority does not want to pursue, we would attract more coverage and have greater credibility in that context than one in which we simply launch an independent investigation based on principled but vague notions regarding the use of intelligence.

In the meantime, even without a specifically authorized independent investigation, we continue to act independently when we encounter footdragging on the part of the majority. For example, the FBI Niger investigation was done solely at the request of the vice chairman. We have independently submitted written requests to the DOD and we are preparing further independent requests for information.

SUMMARY: Intelligence issues are clearly secondary to the public's concern regarding the insurgency in Iraq. Yet we have an important role to play in revealing the misleading, if not flagrantly dishonest, methods and motives of senior administration officials who made the case for unilateral preemptive war.

The approach outlined above seems to offer the best prospect for exposing the administration's dubious motives.

46 posted on 02/22/2005 11:16:31 AM PST by JesseJane (Don't Fear the FReeper!)
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To: pharmamom; areafiftyone; Grampa Dave

Someone check the Blogs!


47 posted on 02/22/2005 11:18:56 AM PST by Ernest_at_the_Beach (A Proud member of Free Republic ~~The New Face of the Fourth Estate since 1996.)
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To: MisterRepublican

Oh, you should see their latest "revelations"...GWB was a practicing homosexual while at Yale and the evil Karl Rove has sequestered the information. That and they think Gannon/Guckert is Johnny Gosch, the kidnapped kid of the alleged Bush Sr. child sex ring infamy.


48 posted on 02/22/2005 11:19:54 AM PST by ravingnutter
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To: Howlin

Wow! Didn't Wilson say in a Canadian speech that he would see Karl Rove goose stepped off and in handcuffs over the leak, implying Rove was the leaker?

This is one of many desperate Dem moves to create a scandal the MSM couldn't resist. Like other desperate Dem moves, think CBS, they don't realize that their are people who will demand evidence to back up the charges. (Especially FReepers!)

Now the MSM is entangled in an intricate web of their own design.

(Which pajamas does one wear to watch MSM web weaving?)


49 posted on 02/22/2005 11:20:24 AM PST by BlessedByLiberty (Respectfully submitted,)
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To: OXENinFLA
Here's another thread on the same article:

The Plame Game: Was This a Crime?

I saw and posted on this particular thread. I noted that they do a great job of debunking the conventional wisdom about the supposed crime being committed. However, they don't seem to consider that Fitzgerald's direction may be veering off the conventional path. Still, for outlining what constitutes the outing crime and how all facts point to that not being the case here, I deemed it a keeper.

50 posted on 02/22/2005 11:22:10 AM PST by cyncooper
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