Originally posted by: rhatsaruck
1.No one is saying that the "outing" of Plame was an actual crime.
Special Counsel Fitzgerald would disagree with you.
If that is the case then why has he not brought one criminal case against anyone for outing Plame? We all know who did it, and he has known for 3 years and yet he has charged no one.
There are a lot of legal questions floating around the whole outing of her that raise the question as to whether or not it was as crime.
For Example: for it to have been a crime she would have had to been "under cover" with in a certain time frame, and she would have to have done X,X and X etc.
That is why Fitz has not charged anyone with leaking her name, he can't not prove there was a crime.
Here is some nice background on this:
Much of the media attention has focused on whether one or more senior officials violated the Intelligence Identities Protection Act of 1982 (50 USC 421-426). (See Intelligence Identities Protection Act for the full text of this act.) However, proving a violation of the Intelligence Identities Protection Act involves several elements which may be difficult to establish in this case. Some legal pundits felt that Rove was unlikely to have been in violation of the narrowly-worded Intelligence Identities Protection Act &mdash.
In order to violate the Intelligence Identities Protection Act, one must expose the identity of a "covert agent." To be considered a covert agent, one must be "serving outside the United States or has within the last five years served outside the United States." § 426(4)(a)(ii). (See [4] and [5] for the definition of covert agent.) Plame hasn't been posted overseas in the last five years.
Everyone in the Bush administration cooperated with the special prosecutor. So far the only claim of criminal conduct that we know of is Libby making some statements that are not consistent.
So "not consistent" that Libby's actions warrant charges of one count of obstruction of justice, two counts of false statements, and two counts of perjury related to an investigation of
acts of treason against the United States committed by a senior member of the Bush administration.
There is no act of treason. If there was please explain to me why no one has been charged for anything remotely relating to treason.
You could try and charge them under the Espionage Act, but that is pretty weak as shown here
On October 28, 2005, Lewis Libby resigned from his position in the White House. This followed immediately after he was indicted on five criminal felony charges including obstruction of justice, making false statements and perjury. Special Counsel Fitzgerald indicated that he considered the charges grave, as they represented a fundamental attack on the legal system. Also mentioned in the indictment, but not charged was "Libby was obligated by applicable laws and regulations, including Title 18, United States Code, Section 793," which is the Espionage Act (from the indictment page 2, section b stated [14]).
If he wanted to get him for the the espionage act he would have charged him for it, the fact that he did not charge him for breaking any law besides the ones relation to the legal process show that Fitz does not have the evidence to make any more serious charges stick.
Let's not forget
Whoozyerdaddy:
My guess is Libby will be acquited after all of this.
When his handwritten notes of a conversation with Cheney contradict his sworn grand jury testimony?
Acts of treason against the United States are deadly serious matters. Open minded citizens of any political persuasion would want alleged acts investigated (and, if necessary, prosecuted) to the fullest extent of the law. Especially if those acts have been committed by senior members of the Executive Office of the President of the United States.
I said "open minded citizens" would welcome such an investigation. It's clear from their comments that ProfJohn and Whoozyerdaddy don't fall into that category. They've revealed themselves as glib, slick, dismissive partisan players who place political interests on a higher pedestal than our nation's national security interests. To them I say: STFU.
rhatsaruck, we have had your investigation, and it turns out that there was no big conspiracy to out Plame in order to discredit Joe Wilson.
Here is some more great background information on this whole mess:
The unusual circumstances of this case led a number of media organizations to file a friend-of-the-court (amicus curiae) brief on behalf of the journalists who were subpoenaed (Matthew Cooper, Judith Miller, and Time Inc.). In this brief, lawyers representing 36 media organizations, including ABC News, AP, CNN, CBS News, WSJ, Fox News, USA Today, NBC News, Newsweek, and Reuters, argued to the court that "there exists ample evidence in the public record to cast serious doubt as to whether a crime has even been committed under the Intelligence Protection Act in the investigation underlying the attempts to secure testimony from Miller and Cooper." [1] Victoria Toensing, the principal author of the amicus brief, also contended that Ms. Plame didn't have a cover to blow, citing a July 23, 2004 article in the Washington Times which argued that Valerie Plame's status as a previous undercover CIA agent may have been known to Russian and Cuban intelligence operations prior to the Novak article.
I think you are ignoring one of the key points of this whole discussion thread. For 3 years certain members of the press and left wing blogers have been salivating over this story and just waiting for Rove etc to be arrested and charges with crimes.
We now know that isn't going to happen and all of a sudden the same people going after this story every day have decied that there are better things to cover.
Where is the front page New York Times story setting all the facts straight and point out that this wasn't a case of trying to get Wilson, but just a big misunderstanding???