Novak unlikely to do time, and vows not to give up source

Chicago Sun Times ^ | 10-01-03

[Brian S]

October 1, 2003

BY ABDON M. PALLASCH Legal Affairs Reporter

Chicago Sun-Times columnist Robert Novak is unlikely to spend time behind bars for printing the name of a CIA employee -- and whoever it was who leaked him the name is also unlikely to do jail time, legal experts predicted.

The only time a government employee was convicted and sent to prison for leaking information to the press was in 1985 when Samuel Morison, a naval intelligence officer, gave satellite photos of a Soviet ship to Jane's Defence Weekly. He served two years in prison.

It's also rare for journalists to be jailed for refusing to divulge sources who leak them classified information.

"I think it is most unlikely he would ever be compelled to reveal the source," said Washington attorney Bob Bennett. "Knowing Bob Novak as I do, I am confident he would never reveal his source. I think it would be most unwise for the Justice Department to push a confrontation with him. That is certainly a possibility if he is held in contempt if a court orders him to reveal information, but hopefully cooler heads will prevail."

Novak vowed not to divulge which two "administration officials" -- he's not saying whether they're White House officials -- gave him the name of Valerie Plame in the days after her husband, Joseph C. Wilson, wrote a New York Times piece critical of President Bush on Iraq.

"That would be the end of my journalistic career -- reporters don't divulge sources," Novak said.

In this case, the leak threatens people Plame worked with, say some traditional defenders of reporters' right to protect sources.

"You're jeopardizing people's lives," said former White House Counsel Abner Mikva. "I consider leaking agents' names a really serious offense."

But most investigations of leaks in Washington never succeed: Who leaked the name of the CIA's Tel Aviv director to the New Republic in 1998? Who leaked Anita Hill's story to the press in 1991? Who leaked the investigation of former U.S. Rep. William Gray to the press in 1989?

"Part of the reason they're not successful is because we can't use torture and thumb screws in this country," said Jane Kirtley, professor of law and media ethics at the University of Minnesota. "It becomes extremely difficult to ferret out leakers. I can't think of one that's been successful."

The CIA reports classified intelligence leaks to the Justice Department weekly.

"Leaks, including intelligence-related leaks, are commonplace--they happen all the time," said Steven Aftergood, a senior research analyst with the Federation of American Scientists. "But there are a finite number of people at the White House. Of those, only a fraction would be likely to know that Wilson's wife had a CIA affiliation. So conducting an investigation that encompasses all of those individuals should be feasible."

If Novak is subpoenaed, his success in asserting "reporter's privilege" against disclosing sources may depend upon whether the action is filed in the D.C. or Virginia federal circuit, said Gregg Leslie, legal director for the Reporter's Committee for Freedom of the Press.

"The weakest case for journalistic privilege is one in which national security is at stake," said Cass Sustein, a professor at the University of Chicago Law School. "This would be a relatively weak case for that."

Kirtley said media lawyers will be watching this case for another reason: "An interesting question is whether the government will use the power under the USA Patriot act to do surveillance of journalists who may have some knowledge about this with or without their knowledge. I don't think we can rule that out as a possibility."

[Catspaw]

Given that Novak isn't covered by the law, he's not going to go to jail. The person who told him about Wilson's wife is the one who risks criminal prosecution.

[goldstategop]

Its a non-issue. The Democrats never had a problem with whistle-blowers before. All of a sudden they have a problem with it. Like they give a rat's ass about national security. Puhleeaze. Give me a break!

[OldFriend]

Like Greenspan, Novak is ending his career with his reputation in tatters. Well deserved tatters!

[Gothmog]

Just FYI:

"But David Manners, a former CIA case agent in the Middle East, said such concerns [about revealing Plame's ID] were probably unnecessary. 'If the implication is she ran clandestine operations around the world using her true name, then the real story is: What kind of crazy operation was she running? Because if you're operating clandestinely under your true name, you're a fool.'" The Los Angeles Times, 10/1/03

http://www.latimes.com/news/nationworld/nation/la-na-scandal1oct01,1,1890560.story?coll=la-home-leftrail

[Just mythoughts]

Considering that old Bob Bennett seems to be sending a message to old Bob Novak and both know where a lot of skeletons are buried one can expect the pressure is on alot of people.

The White House may well be enjoying watching this bunch squirm and see who breaks a sweat first.

Nice to see those who are willing to go to jail for their rights that are untouchable in the constitution sure as He!! don't give a poop about the rest of the rights given.

Got no evolution going on in that "freedom of the press" while they pretend to be "creators" evolving the rest of the document.

[goliath]

he's not saying whether they're White House officials -- gave him the name of Valerie Plame in the days after her husband, Joseph C. Wilson, wrote a New York Times piece critical of President Bush on Iraq.

Gee, all Novak had to do was a little Google search to find the name of Wilson's wife. If he had, he'd have come across this little bio done over a year ago in which Valerie Plame was ID'd.

[Redcoat LI]

Real good point,another hole in this ridiculous "scandal".

[Socratic]

"Gee, all Novak had to do was a little Google search to find the name of Wilson's wife."

Why do I keep seeing this reference on FreeRepublic? There is nothing in this which links her to the CIA, which is the crux of the matter - not that she is married to Wilson. This is a big nothingness.

[goliath]

Because the story, as written, claimed the White House gave him THE NAME Valerie Plume, as though the name by itself was some big secret. This is not my spin on the matter but the Media's

[Callahan]

Read the profile of Wilson in the WaPo. He's joking with his wife about who's going to play her in the movie. Got his feet up on his desk. Says his epitath will be "the man who did the most damage to Bush II." Then his wife says "I should introduce myself to Rove so that he knows I have a name other than 'fair game.' Uh, if this chick is so concerned about her "covert" status, why is her husband yapping to the press?

[smiley]

One wonders....if a "conservative" or a "Republican" had been the source....would Bob Novak still stand by his journalistic principles?......I think not.

[Catspaw]

Novak is a witness to at least four federal felonies. He may be seeing a grand jury room. And if he attempts to assert "reporter's privilege", he may find out that that concept doesn't exist in law. And then he'll have to choose between his journalism career and a slightly-less-comfortable-than-average retirement community.

Novak is positively preening with all this publicity. Even if he's called into a grand jury, he's not going to reveal his sources--that's what he said on CNN on Monday. He'll have every 1st Amendment lawyer--some hired by journalism associations--at his side to argue for him. He'll tie this up in court for years, with numerous court hearings and appeals and appeals and appeals. But the one thing he won't do--even if ordered by the court--is to reveal his sources, at least that's what he's said with his public statements.

[harpu]

OR...Novak could have just checked-out the following Wilson's Bio (w/wifes name include) that I posted on Freerepublic.com back on July 6th.

Duhhhhhh!

[Chancellor Palpatine]

Has anyone considered the possibility of a setup by the Paleos, with Bob Novak gleefully participating? They're nasty and have zero integrity - something I wouldn't put past them.

[pepperhead]

Any news on when Woodward and Bernstein are going to give up Deep Throat? Damn these dims and their network media enablers are pathetic.