Posted on 10/17/2005 7:25:22 PM PDT by blogblogginaway
Despite claims to the contrary, the Identity Protection Act spells trouble for White House officials. Republican talking points have achieved some success in muddying the waters by insisting that Robert Novak's outing of CIA clandestine officer, Valerie Plame, was not a violation of the law. The typical presentation of this red herring was bandied about most recently in an October 10, 2005 article by Washington Times reporter, Joseph Curl. Curl wrote:
But lawyers familiar with the probe say special prosecutor Patrick J. Fitzgerald appears to be changing the grand jury's initial focus in part because the law protecting covert CIA operatives appears not to apply to Valerie Plame, whose name first surfaced in a July 2003 column by conservative Robert Novak. "There is not one fact that I have seen that there could be a violation of the agent identity act," said Victoria Toensing, a lawyer who helped draft the 1982 act.
The Intelligence Identities Protection Act outlaws intentional disclosure of any information identifying a covert agent. The penalty for violating the law is imprisonment for up to 10 years.
But according to the law, Mrs. Plame was not a "covert agent" at the time that at least two senior Bush administration officials discussed her with reporters.
Ms. Toensing is wrong. Let us pray that Ms. Toensing is not practicing law these days because, if her comments in this article reflect her abilities as an attorney, clients could be in serious trouble. Valerie Plame was a "covert agent" as defined by the law. In her cover position as a consultant to Brewster-Jennings, Ms. Plame served overseas on clandestine missions. Just because she did not live overseas full time does not mean she did not work overseas using her status as a non-official cover officer.
Unfortunately, the organized plot by White House officials to expose Valerie Plame also permanently ended her ability to ever serve overseas in an official cover position. At a minimum, U.S. tax payers invested at least $250,000 (that is in 1985 dollars) in training Valerie as a case officer. Karl Rove, Lewis "Scooter" Libby, and others not yet revealed destroyed by their reckless acts her career, a CIA front company, and a network of intelligence assets.
The law to "protect the identities of undercover officers, agents, and sources" is only one possible source of jeopardy for the White House gang. (The key parts of the law are reprinted below.) The important point is not that a law was broken, but that our country is in the hands of a President who is willing to tolerate people in his Administration who are admitted liars and who played a direct role in compromising our nation's security. President Bush is sending a clear message--it is more important to protect cronies than protect this country.
Oct 17, 2005 -- 10:01:34 PM EST
TITLE 50 > CHAPTER 15 > SUBCHAPTER IV > § 421 § 421. Protection of identities of certain United States undercover intelligence officers, agents, informants, and sources
Release date: 2005-03-17
(a) Disclosure of information by persons having or having had access to classified information that identifies covert agent Whoever, having or having had authorized access to classified information that identifies a covert agent, intentionally discloses any information identifying such covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such covert agent and that the United States is taking affirmative measures to conceal such covert agent's intelligence relationship to the United States, shall be fined under title 18 or imprisoned not more than ten years, or both. (b) Disclosure of information by persons who learn identity of covert agents as result of having access to classified information Whoever, as a result of having authorized access to classified information, learns the identify of a covert agent and intentionally discloses any information identifying such covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such covert agent and that the United States is taking affirmative measures to conceal such covert agent's intelligence relationship to the United States, shall be fined under title 18 or imprisoned not more than five years, or both. (c) Disclosure of information by persons in course of pattern of activities intended to identify and expose covert agents Whoever, in the course of a pattern of activities intended to identify and expose covert agents and with reason to believe that such activities would impair or impede the foreign intelligence activities of the United States, discloses any information that identifies an individual as a covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such individual and that the United States is taking affirmative measures to conceal such individual's classified intelligence relationship to the United States, shall be fined under title 18 or imprisoned not more than three years, or both. (d) Imposition of consecutive sentences A term of imprisonment imposed under this section shall be consecutive to any other sentence of imprisonment.
TITLE 50 > CHAPTER 15 > SUBCHAPTER IV > § 426
§ 426. Definitions
Release date: 2005-03-17
For the purposes of this subchapter:
(4) The term "covert agent" means-- (A) 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-- (i) whose identity as such an officer, employee, or member is classified information, and (ii) who is serving outside the United States or has within the last five years served outside the United States; or (B) a United States citizen whose intelligence relationship to the United States is classified information, and-- (i) who resides and acts outside the United States as an agent of, or informant or source of operational assistance to, an intelligence agency, or (ii) who is at the time of the disclosure acting as an agent of, or informant to, the foreign counterintelligence or foreign counterterrorism components of the Federal Bureau of Investigation; or (C) an individual, other than a United States citizen, whose past or present intelligence relationship to the United States is classified information and who is a present or former agent of, or a present or former informant or source of operational assistance to, an intelligence agency.
I think your analysis is generally correct, except that the answer to a(ii) is "we don't know."
Could the CIA have sent Plame on overseas trips within the past 5 years using her cover as an "energy analyst" for "Brewster Jennings"?
Who knows?
Would it be incompetent to send on an overseas covert assignment an officer who has already been "outed" and who openly drives herself to work at CIA HQ everyday?
Yes, to me that would be incompetent.
But who here thinks, in the case of an agency dysfunctional enough to keep around an idiot like Larry Johnson as an intelligence analyst, that the CIA is not so incompetent as to do that very thing?
There are probably grounds to challenge the "affirmative steps" part. Were I representing Rove or Libby, I would take the position that "affirmative steps" has to mean steps by the CIA that, when taken together, are reasonable to assure that the agent in fact is covert. When an agent is already "outed" by Aldrich Ames and drives herself to CIA HQ everday, the mere fact that the she pretends to be an "energy analyst" for a front company is not a sufficient "affirmative step" to reasonably accomplish the purpose of making her a "covert agent."
The CIA pulled Plame in after it became known that Aldrich Ames ratted her out prior to 1994. Additionally, she told her then boyfriend Wilson she was an agent on their third date.
Your comprehension of this is the same as mine. The "ands" and "ors" ARE very important. The law was not broken. This guy can try and spin it any way he likes but it seems to me that anyone with basic reading comprehension skills ought to be able to see this...
A search of www.google.com demonstrates that.
She may have been pretending to be several other people as well, and probably knows Larry Johnson from the doctor's office!
Yup, and while he can't find an Islamofacist terrorist in the western hemisphere two months before 9-11, he can spot a fake Gucci handbag and confiscate it with aplomb and ease. (Never for personal use, though.)
The first thing I want to see is evidence that Plame actually was a covert DNC operative working for the CIA. Johnson has already been discredited as a disgruntled former gruntle. This is just another Lefty's attempt at making a mountain out of a mole hill. Larry needs to give it up. His "15 minutes" are over.
And I wonder whether Larry was enjoying the BBQ at the 4th of July party at Lyin' Joe & Val's along with half the Washington press corps.
Could she have been covert in open view?
Not after Ames outed her. She had ZERO use to the USA as a "covert" agent once it became known.
Mir Ali Kansi used to work on taxicab brakes every Saturday morning on Villa Park right directly across from Gilbert's home. He later went on to shoot up the CIA main entrance (shortly after Aldrich Ames outed Valerie Plame/Flame/Plume and others).
Both Wiriandonata and Colon are on the lam ~ the FBI wants them for their involvement in one of the Clinton scandals involving James Riady in Indonesia.
If Johnny had any involvement whatsoever with these guys, the circle is closed and it will be quickly seen that the Clintonistas were heavily involved in espionage against the United States.
Billzo forgot to issue pardons to himself and his bodies for that group of crimes!
Given the urgency Johnny has placed on removing the focus of attention on Valerie Plame and her husband, I cannot believe he's not involved in this earlier problem.
This is pure liberal pseudo-intellectual masturbation.
Apparently this guy hasn't gotten the word that Ms. Plame/Wilson's identity had been compromised twice in the 90s (once by Aldrich Ames) and she had been put on an analyst desk in headquarters. She hadn't been an overseas operative for more than five years.
Normally when a conservative posts 'opposition research' (which in the case of leftist opposition research is always lies), the conservative will point out descrepancies (the lies). You did not. Therefore, did you post this to show your support for the enemies of Karl Rove, blogblogginaway, or to demonstrate the lengths Rove's enemies will go to muddy the truth? Just curious.
PING!
I thought she was CIA, not DoD. But in any event the CIA is full of Clintoonistas that are trying to bring down Bush. Wait and see if all the facts ever come out into the light - I bet Hitlery is involved somehow.
Wolf
Keep reading. No need to apologize.
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