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The White House’s Legal Katrina
Human Events Online ^ | oct. 18 , 2005 | Victoria Toensing

Posted on 10/18/2005 2:34:42 PM PDT by blogblogginaway

There now appears to be consensus that no one violated the 1982 Agent Identities Protection Act in publishing the name of CIA employee Valerie Plame. It’s a hard law to violate. Its high threshold requires that the person whose identity is revealed must actually be covert (which requires at the least a foreign assignment within five years of the revelation), that the government must be taking “affirmative measures” to conceal the person’s identity, and that the revealer must know that the government is taking those measures.

So why didn’t Patrick Fitzgerald, the special counsel investigating the “leak,” close up shop long ago?

(Excerpt) Read more at humaneventsonline.com ...


TOPICS: Crime/Corruption; Government; Miscellaneous; News/Current Events
KEYWORDS: cialeak; toensing
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1 posted on 10/18/2005 2:34:46 PM PDT by blogblogginaway
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To: blogblogginaway

It depends on what he's really looking at.


2 posted on 10/18/2005 2:41:56 PM PDT by Perdogg
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To: blogblogginaway

Bottom line: An overaggressive prosecutor seeking to make his bona fides after being embarrassed in a terrorism investigation two years ago.


3 posted on 10/18/2005 2:42:22 PM PDT by sinkspur (If you're not willing to give Harriett Miers a hearing, I don't give a damn what you think.)
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To: YaYa123; leadpenny; McGruff; Howlin; Bahbah; Peach; Mo1

Ping...

I almost hate to recommend this....but it is very good...and bad, possibly, for Bush.

But, Toensing supposedly helped write this law..so she should know what is going on.


4 posted on 10/18/2005 2:42:48 PM PDT by Txsleuth (Please say a prayer, and hold positive thoughts for Texas Cowboy...and Faith.)
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To: blogblogginaway

Because Ken Starr stayed on the job beyond the alloted task; this is payback


5 posted on 10/18/2005 2:43:10 PM PDT by SF Republican
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To: blogblogginaway

Bookmarked. Thanks.


6 posted on 10/18/2005 2:43:29 PM PDT by syriacus (Don't look for medical breakthroughs to be accomplished by pro-abortion or pro-euthanasia doctors.)
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To: blogblogginaway

Good article. Thanks for posting.

Why would Fitzgerald pursue something this flimsy? Is there something else here entirely?


7 posted on 10/18/2005 2:44:01 PM PDT by EternalHope (Boycott everything French forever. Including their vassal nations.)
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To: blogblogginaway

I sure hope that Fitzgerald isn't a Paleo...


8 posted on 10/18/2005 2:44:12 PM PDT by Diddle E. Squat
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To: sinkspur

It is a very good and understandable article...and I trust her...but, I have to say that I wish she had been a little more optomistic about Bush's Administration coming out unscathed...

especially since she basically just said it is all BOGUS!


9 posted on 10/18/2005 2:44:20 PM PDT by Txsleuth (Please say a prayer, and hold positive thoughts for Texas Cowboy...and Faith.)
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To: blogblogginaway
Darn, missed it by 'that' much.

We're sorry, but this page is no longer available at HUMAN EVENTS ONLINE.

If you reached this page from another web site, please be sure to let them know that we recently changed our links.

10 posted on 10/18/2005 2:45:53 PM PDT by Diddle E. Squat
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To: blogblogginaway
There now appears to be consensus that no one violated the 1982 Agent Identities Protection Act

Not if you listen to the legacy media. But only if you really have to.

11 posted on 10/18/2005 2:46:49 PM PDT by rhombus
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To: Txsleuth

Thanks for the ping.


12 posted on 10/18/2005 2:47:47 PM PDT by leadpenny
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To: blogblogginaway

Toensing is a serious and well-connected person. Her writing like this is not a good sign.


13 posted on 10/18/2005 2:48:34 PM PDT by speedy
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To: sinkspur
Wow, sink - I would've expected you to actually wait and see what the guy does before jumping on the Fitz-bashing bandwagon.

That's a bit more 'good soldier' than I'm used to seeing from you.

14 posted on 10/18/2005 2:48:37 PM PDT by lugsoul (Sleeper troll since 1999.)
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To: blogblogginaway

Yep, it's gone.


15 posted on 10/18/2005 2:48:53 PM PDT by leadpenny
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To: Txsleuth
The Clintons brought plenty of lawyers to DC with them on top of what was already there. Everyone saw the thousands they sent to Florida. This is a never ending process now so you may as well get used to it. Just another way of stealing from the taxpayers and paying off friends.
16 posted on 10/18/2005 2:49:46 PM PDT by gunnedah
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To: Diddle E. Squat

try:

http://www.humaneventsonline.com/article.php?id=9742


17 posted on 10/18/2005 2:50:56 PM PDT by djl_sa
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To: SF Republican
"Because Ken Starr stayed on the job beyond the alloted task; this is payback."

Payback for what? When it was all over, Bill and Hillary and Susan McDougal were still standing, and the playing field was littered with the wounded and discredited: Kenneth Starr, Linda Tripp, Bob Livingston, Newt Gingrich, Bob Barr, Kathleen Willey, Henry Hyde, Juanita Broaddrick, and Paula Jones.
18 posted on 10/18/2005 2:52:10 PM PDT by Steve_Seattle
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To: sinkspur

A week ago there were rumors that there would be no indictments. All we have are rumors, some good, some bad.


19 posted on 10/18/2005 2:54:45 PM PDT by Steve_Seattle
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To: blogblogginaway
Andrea Mitchell on Hardball just now. Mentioned that Wilson "exaggerated/lied" when he told everyone that Cheney sent him to Africa.

Andrea didn't look too well.

20 posted on 10/18/2005 2:55:40 PM PDT by syriacus (Don't look for medical breakthroughs to be accomplished by pro-abortion or pro-euthanasia doctors.)
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To: Diddle E. Squat

I was able to read it. The printer friendly version was not on line.

My heart sank reading that the prosecutor is taking "a creative" approach to finding a legal violation. He is looking for a law to use to indict because no one violated the Identities Protection Act. This is rather frightening.


21 posted on 10/18/2005 2:58:02 PM PDT by AUsome Joy
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To: syriacus

She HATES breaking the truth to Chrissy....because he prolly throws a hissy fit during commercials..

Remember what he did to Michelle Malkin?


22 posted on 10/18/2005 2:58:39 PM PDT by Txsleuth (Please say a prayer, and hold positive thoughts for Texas Cowboy...and Faith.)
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To: lugsoul
Fitz should have closed up shop a year ago.

But, he lost this big terrorist because one of his deputies botched the case.

What better way to get his "reputation" back than to stretch and strain to bring somebody--ANYBODY--into the dock.

23 posted on 10/18/2005 2:59:30 PM PDT by sinkspur (If you're not willing to give Harriett Miers a hearing, I don't give a damn what you think.)
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To: djl_sa

Thanks for the link. It is a good article.


24 posted on 10/18/2005 3:00:24 PM PDT by Irish Eyes
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To: leadpenny

Use the link that appears at the bottom of the excerpt, not the one at the top. The bottom one works just fine.


25 posted on 10/18/2005 3:01:09 PM PDT by blau993 (Labs for love; .357 for Security.)
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To: syriacus
"Andrea Mitchell on Hardball just now. Mentioned that Wilson "exaggerated/lied" when he told everyone that Cheney sent him to Africa."

Lugsoul has insisted - with quotes to back him up - that Wilson did not say that, but that it was an inference made by some journalists who put together two facts - (1) it was Cheney who requested that the Niger claims be looked into and (2) Wilson was the one who looked into it - without realizing that there was never any contact whatsoever between Cheney and Wilson. Wilson was, however, guilty of misrepresentations that were far more significant than who selected him for the trip.
26 posted on 10/18/2005 3:01:23 PM PDT by Steve_Seattle
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To: syriacus
Stephen Hayes on Hardball saying most of what Wilson said was wrong. Impossible for Wilson to have debunked forgeries which were not available at the time.

Fineman says "At this point Wilson is almost beside the point." Matthews keeps interrupting Hayes, says that Wilson will be elated if indictments of people like Libby come out of this.

27 posted on 10/18/2005 3:03:00 PM PDT by syriacus (Don't look for medical breakthroughs to be accomplished by pro-abortion or pro-euthanasia doctors.)
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To: speedy
Toensing is a serious and well-connected person. Her writing like this is not a good sign.

Did you read the whole thing?
28 posted on 10/18/2005 3:03:19 PM PDT by cmsgop ( Bill Clinton's License Plate..... "Herpes 1")
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To: blogblogginaway

He is riding the clock.
He may indict Wilson.
He may indict someone from the WH.
He may not do anything.
Either way he is riding the clock and we are paying the bill. Easy money!!!


29 posted on 10/18/2005 3:03:22 PM PDT by right right
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To: Txsleuth
Wilson, in addition to all that, was known around town as a grandstander and a bit of a flake.

I really enjoyed reading this. I think, from what Ms. Toensing writes, there is no there there so, unless Fitzgerald is not the paragon of rectitude he is made out to be, this is going off a cliff to nowhere.

30 posted on 10/18/2005 3:03:54 PM PDT by Bahbah (This is a no Miers zone)
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To: syriacus

Matthews smells blood and doesn't want to be bothered by the facts.


31 posted on 10/18/2005 3:04:48 PM PDT by Steve_Seattle
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To: Steve_Seattle
When it was all over - It is not all over yet
32 posted on 10/18/2005 3:07:04 PM PDT by SF Republican
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To: blogblogginaway

" One possible answer is that someone lied about a material fact when testifying before the grand jury or obstructed justice in some other way. If that is the case, the prosecutor should indict.

However, recent reporting, attributable to “lawyers familiar with the investigation,” points to a different prosecutorial tactic: Fitzgerald may be taking a “creative” approach to finding a legal violation. In other words, he may be trying to find a law other than the Agent Identities Protection Act that he might be able to apply to the factual scenario in this case even though it was never intended to cover such conduct. "

The SP has got nothing,he`s fishing for perjury,making people testify over and over hoping they`ll slip up.Or he`ll just dust off some convoluted law he found in a book somewhere.

All to save face.


33 posted on 10/18/2005 3:07:50 PM PDT by Para-Ord.45
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To: Diddle E. Squat
Here's the link: The White House’s Legal Katrina. It's the very top story, but you probably missed it because the title's been changed on the thread here.
34 posted on 10/18/2005 3:08:34 PM PDT by AntiGuv (™)
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To: Steve_Seattle
I have read Wilson's actual column so I know what Lugsoul means.

Mitchell, though, seemed to be saying that Wilson misrepresented himself, to others around town, as someone who was sent to Africa by Cheney.

It seems pretty apparent that Wilson intended that people would think Cheney sent him.

Wilson didn't put that little detail about Cheney in his "columnful of lies" for no reason.

35 posted on 10/18/2005 3:10:33 PM PDT by syriacus (Don't look for medical breakthroughs to be accomplished by pro-abortion or pro-euthanasia doctors.)
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To: sinkspur
after being embarrassed in a terrorism investigation two years ago.

What are you referring to? The great GOP Senator Peter Fitzgerald brought Patrict Fitzgerald from NY to Northern IL 6+ years ago. Patrick Fitzgerald is the best thing that has happened to Illinois since I came here in '61. Fitzgerald has an extremely good batting average. He does not try his cases in public. He investigates thoroughly. He indicts only when he has cause. Because his indictments are solid, he wins the convictions.

A few more people in government like Fitzgerald and those of us who distrust government would have no reason to distrust government.

36 posted on 10/18/2005 3:11:24 PM PDT by NormalGuy
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To: Steve_Seattle
Matthews smells blood and doesn't want to be bothered by the facts.

Perhaps his own nose is being bloodied by the truth.

37 posted on 10/18/2005 3:13:06 PM PDT by syriacus (Don't look for medical breakthroughs to be accomplished by pro-abortion or pro-euthanasia doctors.)
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To: syriacus; Dog; okie01; cyncooper; Fedora

"Andrea Mitchell on Hardball just now. Mentioned that Wilson "exaggerated/lied" when he told everyone that Cheney sent him to Africa. Andrea didn't look too well."

Now THAT'S news. Mitchell was chums with Wilson. Gave him his first public TV interview. Later showed Wilson some Niger docs and Wilson acted like he'd never seen them before. (Maybe wife took home some homework).

Didn't look too well? Perhaps the feeling of "it's all over" as with It's All Over the cozy relationship of leaking govt. officials with journalists, doling out insider info. Novak blew the whole cozy deal.

We'll see.


38 posted on 10/18/2005 3:14:50 PM PDT by Shermy
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To: speedy
I don't necessarily agree with her concluding sentence "The White House better get prepared for the aftermath."

I truly do not believe this prosecutor will indict anyone based on Wilson's spin perpetuated by the media. I also do not believe Fitzgerald's would "stretch the law" to get an indictment. The true crime here (and I cannot tell you which 'law' it would fall under) is the attempt of Wilson and the media to interfere with ... 1) the 2004 election and ... 2) treason, in my opinion.
39 posted on 10/18/2005 3:14:51 PM PDT by blogblogginaway
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To: blau993

Thanks, got it now.


40 posted on 10/18/2005 3:15:46 PM PDT by leadpenny
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To: Steve_Seattle

"Lugsoul has insisted - with quotes to back him up - that Wilson did not say that, but that it was an inference made by some journalists who put together two facts - (1) it was Cheney who requested that the Niger claims be looked into and (2) Wilson was the one who looked into it - without realizing that there was never any contact whatsoever between Cheney and Wilson."

Wilson was careful in what he himself wrote, but his leaks to other reporters did make such claims.


41 posted on 10/18/2005 3:18:44 PM PDT by Shermy
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To: Shermy
Mitchell was chums with Wilson

I didn't know. Then her "dissing" Wilson means even more than I thought. No wonder she looked ill.

42 posted on 10/18/2005 3:20:52 PM PDT by syriacus (Don't look for medical breakthroughs to be accomplished by pro-abortion or pro-euthanasia doctors.)
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To: blogblogginaway
No one seems to have noticed a central point in this article, that the author of the law in question says that the White House seemingly was ignorant of the law. Sure, Wilson and the press spun it, but the danger of an indictment lies mostly in White House ignorance.

A perfect storm has gathered. It is the administration’s legal Katrina. The dark clouds are filled with Wilson’s spin spurred on by a media frenzy, a White House that did not have federal criminal law expertise, and a dogged prosecutor who appears willing to stretch the criminal law to get an indictment. The White House better get prepared for the aftermath.

Let me raise the appropriate question. WHY did the White House allow the President to go out before the cameras and make pledges that were legally ignorant? Wasn't Harriet Miers the person who should have been making those calls and giving legal advice, but apparently failed to do so even after having days and weeks of warning?

43 posted on 10/18/2005 3:24:48 PM PDT by Cicero (Marcus Tullius)
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To: NormalGuy
But the trial judge and the 9/11 commission staff concluded that Fitzgerald failed to prove that Enaam Arnaout, the Benevolence executive director, had provided financial support to al Qaeda, as the indictment had alleged. A federal judge, referring to the prosecution's evidence, said the defendant appeared primarily a victim of guilt by association.

Source.

44 posted on 10/18/2005 3:27:26 PM PDT by sinkspur (If you're not willing to give Harriett Miers a hearing, I don't give a damn what you think.)
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To: blogblogginaway
Toensig assumes a lot about where Fitzgerald is going and what evidence he might have.
Just because she helped draft the law doesn't give her any insight into what, by all accounts, has been a leak-tight grand jury process. Contrast that to the Starr investigation, which seemed more intent on influencing news coverage through leaks than on conducting a criminal inquiry.
Fitzgerald, from all we hear, is a stand-up prosecutor, who deserves respect from the whole political spectrum for how he's conducted himself here.
We'll find out soon what he's found, or hasn't found, whether he writes a report or not. If he secures no indictment in the next two weeks we'll know he hasn't enough evidence to convince the grand jury (and save the that tired "ham sandwich" defense).
If the jury indicts, let the chips fall where they may.
All of Toensig's blathering about the media has absolutely nothing to do with what's going on in the grand jury room.
45 posted on 10/18/2005 3:27:50 PM PDT by sarkozy (Have a ham sandwich)
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To: Cicero
Wasn't Harriet Miers the person who should have been making those calls and giving legal advice, but apparently failed to do so even after having days and weeks of warning?

No. You have bought the White House line that Harriet Miers held an important position before this year. To the contrary, she was merely Deputy Chief of Staff for Policy at the time of that statement. Alberto Gonzales was White House Counsel.

46 posted on 10/18/2005 3:29:52 PM PDT by AntiGuv (™)
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To: syriacus
Media Matters mentions that on the October 13 edition of Hardball,
Mitchell wrongly asserted that Plame's husband, former ambassador Joseph C. Wilson IV, claimed that Vice President Dick Cheney "dispatched" him to Niger in 2002 to investigate the alleged sale of yellowcake uranium to Iraq.

It seems especially meaningful that, tonight, Mitchell repeated her assertion that Wilson said Cheney sent him.

47 posted on 10/18/2005 3:31:38 PM PDT by syriacus (Don't look for medical breakthroughs to be accomplished by pro-abortion or pro-euthanasia doctors.)
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To: blogblogginaway

Victoria is one smart cookie, this is a good read.


48 posted on 10/18/2005 3:32:52 PM PDT by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: Diddle E. Squat

Funny, I reached it just fine at 6:30.
That is four minutes ago.


49 posted on 10/18/2005 3:34:25 PM PDT by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: AntiGuv

Just as well. I hesitated to post that, because it's irrelevant to the present controversy anyway, but it just struck me that no one had commented on the probability that the White House was naive about the legal ramifications. Whoever was supposed to give legal advice appears to have fallen down on the job.


50 posted on 10/18/2005 3:35:57 PM PDT by Cicero (Marcus Tullius)
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