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Rove Did Leak Classified Information
The Nation ^ | 7/13/05 | David Corn

Posted on 07/13/2005 10:33:50 PM PDT by Crackingham

"The fact is, Karl Rove did not leak classified information." So said Ken Mehlman, head of the Republican Party.

"I didn't know her name. I didn't leak her name." So said Karl Rove of Valerie Wilson/Plame last year on CNN.

"He did not tell any reporter that Valerie Plame worked for the CIA." So said Robert Luskin, Rove's attorney, after Newsweek reported Rove had been a source for Time magazine's Matt Cooper but before Newsweek revealed a Cooper email that said Rove had told Cooper that "wilson's wife...apparently works at the agency on wmd issues."

The White House may be stonewalling on the Rove scandal, but the Rove camp--aided by its echo-ists in the conservative media--has been busy establishing the twin-foundation for his defense: he did not mention Valerie Wilson/Plame by name; he did not disclose classified information. The first of these two assertions is misleading and irrelevant; the second is wrong.

According to Cooper's email, Rove told Cooper that "Wilson's wife"--not "Valerie Plame," or "Valerie Wilson"--worked at the CIA. But this distinction has absolutely no legal relevance. Under the relevant law--the Intelligence Identities Protection Act of 1982--a crime is committed when a government official (not a journalist) "intentionally discloses any information identifying" an undercover intelligence officer. The act does not say a name must be disclosed. By telling a reporter that Joseph Wilson's wife was a CIA officer, Rove was clearly disclosing "identifying" information. There was only one Mrs. Joseph Wilson. With such information in hand, Cooper or anyone else could easily have ascertained the name of this officer. (A Google search at the time would have yielded the name--and maiden name--of Wilson's wife.) Revealing the name is not the crime; it's disclosing information that IDs the officer. Imagine if a government official told a reporter, "At 3:15, a fellow in a green hat, carrying a red umbrella and holding a six-pack of Mountain Dew, will be tap-dancing in front of the Starbucks at Connecticut Avenue and R Street--he's the CIA's best undercover officer working North Korea." That official could not defend himself, under this law, by claiming that he had not revealed the name of this officer. The issue is identifying, not naming. Rove and his allies cannot hide behind his no-name claim.

A reading of this law also indicates that if Cooper's email is accurate then Rove did pass classified information to Cooper. It's possible that Rove did so unwittingly. That is, he did not know Valerie Wilson's employment status at the CIA was classified information. But he and his posse cannot say the information he slipped to Cooper was not classified.

The Intelligence Identities Protection Act makes it a crime to identify "a covert agent" of the United States. The law defines "covert agent," in part, as "a present or retired officer or employee of an intelligence agency or a present or retired member of the Armed Forces assigned to duty with an intelligence agency whose identity as such an officer, employee, or member is classified information." (My emphasis.)

This definition clearly recognizes that the identity of an undercover intelligence officer is "classified information." The law also notes that a "covert agent" has a "classified relationship to the United States." Since the CIA asked the Justice Department to investigate the Plame/CIA leak and the Justice Department affirmed the need for an investigation and special prosecutor Patrick Fitzgerald, once handed the case, pursued the matter vigorously, it is reasonable to assume that Valerie Wilson fits the definition of a "covert agent." That means she has a "classified relationship" with the government.

By disclosing Valerie Wilson's relationship to the CIA, Rove was passing classified information to a reporter.


TOPICS: Constitution/Conservatism; Culture/Society; Editorial; Foreign Affairs; Government; News/Current Events; War on Terror
KEYWORDS: davidcorn
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1 posted on 07/13/2005 10:33:50 PM PDT by Crackingham
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To: Crackingham

man, the left really is pathetic.


2 posted on 07/13/2005 10:35:12 PM PDT by flashbunny
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To: Crackingham
Under the relevant law--the Intelligence Identities Protection Act of 1982--a crime is committed when a government official (not a journalist) "intentionally discloses any information identifying" an undercover intelligence officer.

There is no evidence yet to suggest Rove knew she was an undercover intelligence officer. The inference the person who wrote this article attempts to get the readers to draw is a lie.

3 posted on 07/13/2005 10:37:01 PM PDT by Republican Wildcat
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To: Crackingham

It's only David Corn. The snake lives under a rock so just ignore him.


4 posted on 07/13/2005 10:38:39 PM PDT by kcvl
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To: flashbunny

So Rove is is guilty of revealing something you can get from a google search?

Am i missing something, or is that about it?


5 posted on 07/13/2005 10:38:42 PM PDT by EERinOK
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To: All

Yet there are pictures of Plame and Wilson at some expensive dinner. How is that ' covert?'


6 posted on 07/13/2005 10:38:46 PM PDT by TheSorcererwiththeCosmicKey
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To: Crackingham

Corn was one of the leftist commentators during the Clinton/Lewinsky scandal who was consistently wrong about the applicable law. I seriously doubt he's become any better with his legal analytical skills.


7 posted on 07/13/2005 10:38:48 PM PDT by Steve_Stifler
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She was not a covert operative. This "reporter" needs to get that through his thick skull.


8 posted on 07/13/2005 10:38:56 PM PDT by oolatec
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To: Crackingham
hMMM Corn. That's the recognizable stuff in my feces. :}
9 posted on 07/13/2005 10:40:15 PM PDT by axes_of_weezles
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To: Crackingham

Dave Corn's thong has been riding high lately, he's got a hair in his ass for anything Rove... and won't let go. Poor girl.


10 posted on 07/13/2005 10:40:28 PM PDT by KingNo155
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To: EERinOK
So Rove is is guilty of revealing something you can get from a google search? Am i missing something, or is that about it?

You could get a CIA agent's status from a google search?

11 posted on 07/13/2005 10:40:45 PM PDT by Crackingham
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To: Crackingham

David Corn...I don't trust a person with no lips.


12 posted on 07/13/2005 10:41:45 PM PDT by My2Cents (Quando Omni Flunkus Moritati [When all else fails, play dead])
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Comment #13 Removed by Moderator

To: axes_of_weezles

LOL


14 posted on 07/13/2005 10:43:18 PM PDT by My2Cents (Quando Omni Flunkus Moritati [When all else fails, play dead])
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To: EERinOK

http://www.freerepublic.com/focus/f-news/1442513/posts

"In order for Rove (or whoever the source was) to have broken the law, he would have to know and reveal that Plame was a covert operative for the CIA. The problem is that she wasn’t one anymore."


This would pretty much be like arresting any reporter who wrote a story where they revealed George HW Bush was a former head of the CIA.


15 posted on 07/13/2005 10:44:24 PM PDT by flashbunny
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To: Crackingham
David Corn at the Nation, Hmmmm...
Richard Simmons clucking in a chicken suit protesting at Col. Sanders, is more relevant than Corn..
16 posted on 07/13/2005 10:44:41 PM PDT by hosepipe (This propaganda has been ok'ed by me to included some fully orbed hyperbole....)
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To: Crackingham

17 posted on 07/13/2005 10:46:19 PM PDT by denydenydeny
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Comment #18 Removed by Moderator

To: flashbunny

This is the best the left can dig up along with the Guantanamo baloney? Talk about desperate. It is NOTHING. Negative, negative, negative. How about offering some sort of alternative plan? These idiots are going to lose a lot more elections.


19 posted on 07/13/2005 10:46:50 PM PDT by shteebo
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To: flashbunny

Here's the thing. Brit Hume said tonight the word from the Rove camp is that Rove learned where Joe Wilson's wife worked because a reporter told him. To break the law, you specifically have to get that info from a classified sorce. My guess is that the through Fitgeralds investigation he has pinned either Miller or who told here as the leaker. But to get a solid inditement he needs her testimony either so she can perger herself and he can bust her ( which will cause her to comply )or she will give in and tell him who here sorce was. Either way Rove is in the clear as far as I can see.

And dont worry because its been a long time coming for this Wilson prick and I cant wait for the sequal 'The White House Strikes Back' Wilson is going down. I just have this gut feeling.


20 posted on 07/13/2005 10:48:28 PM PDT by oc311
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To: flashbunny

Here's the thing. Brit Hume said tonight the word from the Rove camp is that Rove learned where Joe Wilson's wife worked because a reporter told him. To break the law, you specifically have to get that info from a classified sorce. My guess is that the through Fitgeralds investigation he has pinned either Miller or who told here as the leaker. But to get a solid inditement he needs her testimony either so she can perger herself and he can bust her ( which will cause her to comply )or she will give in and tell him who here sorce was. Either way Rove is in the clear as far as I can see.

And dont worry because its been a long time coming for this Wilson prick and I cant wait for the sequal 'The White House Strikes Back' Wilson is going down. I just have this gut feeling.


21 posted on 07/13/2005 10:49:09 PM PDT by oc311
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To: Crackingham

I leaked my Aunt Mabel's iced tea recipe today. Sure hope the Nation caught it!!!


22 posted on 07/13/2005 10:49:18 PM PDT by Waco
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To: Crackingham
 

 

 

It is NOT a crime to reveal the name of a covert agent.

It is a crime to reveal that a person IS a covert agent!

If the former (and what the loony left believes) were true
we would have to jail everyone that ever introduces any
of these people to friends and family.

The person that "outed" Valerie Plame is Joe Wilson, her
less than intelligent husband.  Karl Rove didn't tell
anyone that Wilson's wife was a secret agent.

 

 

 

23 posted on 07/13/2005 10:49:35 PM PDT by HawaiianGecko (Doing the same thing over and over again, expecting different results is the definition of insanity.)
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To: Crackingham

Rove did not have access to classified information, so he could have only known by secondhand knowledge, and thus he couldn't have even committed a crime, even if he had known her name or CIA status. Apparently, Rove learned the little that he knew from another journalist.

With Wilson and his "secret agent" wife doing photo spreads in Vanity Fair (there couldn't be a more appropriate magazine for these two), its no mystery how her CIA employment became such an "open secret" in Washington.


24 posted on 07/13/2005 10:49:50 PM PDT by counterpunch
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To: shteebo
If Fitzgerald is going after Rove or anyone else for that matter he is required by law to issue a "target" letter to the subject in question. There have been no such letters issued to date for anyone that we know of. I have yet to see one legal expert opine that Rove broke the law in any way based on information made public so far.
25 posted on 07/13/2005 10:52:01 PM PDT by Texasforever
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To: Crackingham

Uh, I guess nobody noticed her driving her flashy convertable into the parking lot at Langley ever day.


26 posted on 07/13/2005 10:52:23 PM PDT by McGavin999
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To: Crackingham

David Corn cracks me up. If desperate flailing about would save the lefties we'd be living under President Kerry and a Democratic Congress, but we're not are we? What a bunch of incompetent, twisted morons.


27 posted on 07/13/2005 10:55:01 PM PDT by claudiustg (Go Sharon! Go Bush!)
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To: Texasforever
 

 

 

According to Eleanor Cliff this evening,
it's not important that Karl broke a law.
So I'm left believing that just having
bad thoughts about an ignorant partisan
ass like Joe Wilson is now a crime.

According to liberals anyway!


I

 

 

 

28 posted on 07/13/2005 11:00:01 PM PDT by HawaiianGecko (Doing the same thing over and over again, expecting different results is the definition of insanity.)
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To: Crackingham
The dumb**** can't even keep his essay on point from one paragraph to another:

Under the relevant law--the Intelligence Identities Protection Act of 1982--a crime is committed when a government official (not a journalist) "intentionally discloses any information identifying" an undercover intelligence officer ...

... Revealing the name is not the crime; it's disclosing information that IDs the officer ...

... A reading of this law also indicates that if Cooper's email is accurate then Rove did pass classified information to Cooper. It's possible that Rove did so unwittingly. That is, he did not know Valerie Wilson's employment status at the CIA was classified information.

29 posted on 07/13/2005 11:01:08 PM PDT by PMCarey
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To: LibertarianCA
But if it turns out that he did leak Valerie Plame's name then he deserves prison time.

If I know that my neighbor, Susan Slobotnik, works at CIA and I pass that information along to you, the meter reader, have I broken a law?

No, I have not. Even if it turns out that Susan Slobotnik is actually Queen of Spies.

Why is that? Because I had no idea that Susan Slobotnik was actually a spy. So far as I knew, Susan was an analyst, desk officer, coffee brewer, whatever. What did I know? I wasn't aware of her true "covert status".

The point being, to break the law, I have to be aware of Susan's true "covert status" and, then, knowingly, reveal her identity.

Under the circumstances, there is no reason to believe that Plame any longer held "covert status". And, even if she did, there is no reason to believe that Rove would've known of it. Intelligence wasn't his job. And Tennant had obviously not alerted the White House with regard to any "covert status" for Plame when he told them it was "Wilson's wife, who works in CPD" who had recommended Wilson for the trip.

Ergo, no harm, no foul.

30 posted on 07/13/2005 11:01:21 PM PDT by okie01 (The Mainstream Media: IGNORANCE ON PARADE)
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To: Crackingham
LMAO! This is the first time I've seen the Bush-hating David Corn worry about leaks. You'd think he'd welcome the disclosure of Valerie Plame's CIA identity. Of course if Karl Rove had been a liberal, the Left would be praising his whistleblowing to the skies. Life's funny depending on who looks at it - and the liberals have decided for once whistleblowing is bad for the country and are using it as a basis to demand Rove's head be served up on a platter.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
31 posted on 07/13/2005 11:03:30 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Crackingham

Sorry, i could not suggest that you could get CIA status from google.

What I mean is that if she is such a secret agent, why should she be google-able at all?

I guess i got caught up not only in the silliness of Corn's lousy article, but am gettin' a bit weary of these quantum leaps from causual heresay to criminal offenses, especially when the quantum leap can trigger by google.


32 posted on 07/13/2005 11:07:08 PM PDT by EERinOK
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To: okie01
 

 

 

There you go again... making perfect
sense.  You should realize that the left
has zero, none, zilch, nada, goose-eggs
in the way of critical thinkers, ergo, they
are incapable of understanding your
perfectly readable logic.


I

 

 

 

33 posted on 07/13/2005 11:09:48 PM PDT by HawaiianGecko (Doing the same thing over and over again, expecting different results is the definition of insanity.)
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To: Crackingham

Is there anything better than watching frustrated leftists pull the cord on a mower that won't start, only to have another step in saying "here, let me try?"


34 posted on 07/13/2005 11:10:50 PM PDT by papertyger (There are three kinds of people in the world. - Gary Johnson, Actor)
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To: Crackingham

wow. even a dum lawyer never tells you to admit to the crime.


35 posted on 07/13/2005 11:14:19 PM PDT by Oystir
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To: Crackingham
Read this amicus brief from 36 news organizations (including the New York Times!) as to why no crime was committed by Rove. It refutes every one of Corn's claims.
36 posted on 07/13/2005 11:16:55 PM PDT by FreedomCalls (It's the "Statue of Liberty," not the "Statue of Security.")
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To: Crackingham
David Corn has been an excellent student of Bubba!
It depends of what "is" is!!!
37 posted on 07/13/2005 11:18:37 PM PDT by danamco
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To: flashbunny

David Corn is a leftist's leftist and cannot be taken seriously on anything.


38 posted on 07/13/2005 11:19:21 PM PDT by KamperKen
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To: Crackingham
What a bunch of idiots !

Plame was outed over 10 years ago and had special protection back then and was made in to a desk jockey then !

Google is your friend !

39 posted on 07/13/2005 11:19:42 PM PDT by america-rules
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To: Crackingham

Corn's next column will also ignore the fact that a completely different "source" leaked Plame's identity to Judith Miller.


40 posted on 07/13/2005 11:23:29 PM PDT by Lancey Howard
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To: Crackingham

David Corn... the Nation... *sigh*


41 posted on 07/13/2005 11:24:58 PM PDT by DTogo (U.S. out of the U.N. & U.N out of the U.S.)
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To: flashbunny

True. Reading DU heavily and it is just about all Rove all the time. More than just every other posting. The left is really hanging its hopes on this. I swear to God I read a posting regarding the cancellation of the shiuttle flight and the poster was glad it was cancelled because she was afraid the administration would blow up the shuttle to divert attention from the Rove issue. When this turns into a going nowhere, nohow issue, they are going to be VERY disappointed. But do not fear, they will then use it as ammo for their tinfoil hat theories of CONSPIRACY. They never accept that they are wrong on anything.


42 posted on 07/13/2005 11:35:18 PM PDT by commonasdirt (Reading DU so you won't hafta)
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To: america-rules

Totally, on the bunch of idiots! The left has nothing, never does, this is all 2 years old, even tho' the investigation is current, another lefty-forced investigation I would guess, and total waste of good of tax dollars on the usual NOTHING. They keep trying to make something out of that nothing. It's sickeningly laughable. It's their old m.o. of constantly repeating something to then make it a fact. They must love digging their own graves, they keep doing it over and over again.


43 posted on 07/13/2005 11:36:11 PM PDT by tina07 (Bush/Cheney'04)
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To: HawaiianGecko

The fate of Rove hangs on completely on Fitzgerald. Rove will resign if and when he is named as a target of of the Grand Jury. Bush will not need to fire him. On the other hand if Fitzgerald is not just another hot shot looking to make a name for himself he will make a public statement that, based on Cooper's testimony and Rove's testimony, the evidence does not support what political enemies are asserting. Every legal expert, left AND right have stated that given what is now publicly known Rove has not broken the law or the spirit of the law


44 posted on 07/13/2005 11:37:37 PM PDT by Texasforever
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To: papertyger

That's the perfect illustration of the libs standing around, scratching their heads and trying to get this damned conspiracy to start.


45 posted on 07/13/2005 11:37:53 PM PDT by Darkwolf377 ("Familiarity doesn't breed contempt, it IS contempt."--Florence King)
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To: DTogo

can someone tell me if Valerie Plame drove herself to work everyday out of her driveway to the CIA building in Langley what did she tell all her friends where she worked?

if one of her friends wanted to send her flowers at work where did they send them?

if anyone ever wanted to know where she worked couldn't they just follow her to work everyday and conclude she was employed at the CIA?

My father taught at Langley High School in the middle 70's and half his kids had as their parents employment-- the CIA

I had a couple classmates in Virginia who openly said their dad's worked for the CIA in Langley,, thats as far as it went but that's as far as Rove went,,,,

and since according to Andrea Mitchell on MSNBC it was pretty much known before all this Rove stuff among the Washington press corp that Wilson's wifey worked at the CIA what's all the crap about Rove mentioning it?


46 posted on 07/13/2005 11:39:10 PM PDT by Lib-Lickers 2
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To: commonasdirt

Someone told those lefty children they were driving to get ice-cream. Unfortunately, they're really going to the denstist to get all their teeth pulled...without novacaine.


47 posted on 07/13/2005 11:39:28 PM PDT by Rokurota (.)
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To: Crackingham
Why wasn't Corn concerned when the WaPo and several other news sources a few months ago exposed the VERY MUCH STILL COVERT secret airline the CIA uses to render battlefield detainees down to giving schedules, naming the "employees" operating it, the airfields it operates out of, and listing the actual tail numbers of the planes?? Hmmmmm? Where was he then?
48 posted on 07/13/2005 11:41:18 PM PDT by FreedomCalls (It's the "Statue of Liberty," not the "Statue of Security.")
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To: FreedomCalls
On page 29 it states that the law was crafted very specifically NOT to prevent disclosure of impropriety in government.

Rove specifically spoke about this to dispute a story about Cheney sending Wilson by offering that it was Wilson's wife who sent him.

That's very conveniently overlooked by the left--just as they keep wailing that "we went into Iraq over WMD," they keep ignoring that Wilson was credible to them because "he was hand-picked by Dick Cheney to look into this". Now that that's "inoperative" the libs dismiss it. It was the foot in the door they needed to bring up this topic.

I'm just astonished at the left's sudden concern for leaks. Since freakin when????

49 posted on 07/13/2005 11:43:33 PM PDT by Darkwolf377 ("Familiarity doesn't breed contempt, it IS contempt."--Florence King)
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To: Crackingham

Imagine if the left--journalists and DU posters--were this concerned with terrorists?


50 posted on 07/13/2005 11:45:03 PM PDT by Darkwolf377 ("Familiarity doesn't breed contempt, it IS contempt."--Florence King)
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