Everyone is missing the point about Rove/Wilson/Plame

[housewolf]

From a DailyKos diary


<snip>

This case isn't about identifying a covert agent, and hasn't been for a long, long time. It's about disclosure of classified information which is a violation of the Espionage Act and a more serious crime. It happens that the classified material (primarilly an "INR" Report by the CIA regarding the possibillity that Saddam was attempting to obtain urainium yellowcake and Joe Wilson's trip to Niger) was used by the administration to discredit Wilson by pointing out what they say was his wife's role. But that identification is NOT what Fitzgerald is after. Someone leaked the contents of that classified file all over town trying to get ahead of Wilson's story.

<snip>

That's why the phone records of Air Force One were so crucial. The CIA file was taken on Bush's trip to Africa (with Powell, Rice and others) the day after Wilson's Op Ed piece was in the NYT.

That's why Jeff Gannon is as important as Novak. Gannon says himself that the contents of that memo were shared with him. It's on his website right now. He also says that the FBI came to talk to him about just that (and he later testified before the GJ).

That's why Judy Miller is in jail and she didn't even write about the story.

<snip>

http://www.dailykos.com/story/2005/7/13/181940/282

[kenny blankenship]

1. Thanks--good find

[brettdale]

2. please keep kicked

kick

[Talismom]

3. Wow! This was really news to me! Very important and informative! n/t

[bryant69]

4. Would that make rove's job easier?

Do they have to prove that he used information from that report, or isn't it possible that he knew Wilson's Wife's jobe without the report?

Bryant
Check it out --> http://politicalcomment.blogspot.com

[housewolf]

6. What Lauwrence O'Donnell said the other night on Al Franken's show...

is that the prosecuter is not focused on Rove as the leaker, but as the recipient of the leaked info, and it's whoever whoever gave the info to Rove that would be the one who performed the criminal action. According to him, Rove got the info and spread it around in his sly little way, but that what Rove did probably wasn't illegal.

There's so much spin and speculation whirling about, it's immpossible to keep it all straight right now.

[dogday]

9. Well if it is not enough to convict---it

is enough to fire him for leaking information period. When it is found and is entered into the record what Karl did. I still think he should of not spread this info at all without knowing the full extent of what he was saying....

[Media_Lies_Daily]

14. Regardless of whether Rove was the leaker, or the recepient of the....

...leak, or just passed the leak along, he is STILL guilty of a felony.

Here's the applicable law:

"TITLE 50 > CHAPTER 15 > SUBCHAPTER IV > § 421. Protection of identities of certain United States undercover intelligence officers, agents, informants, and sources
<http://www4.law.cornell.edu/uscode/html/uscode50/usc_sec_50_00000421----000-.html>

(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."

[housewolf]

18. Thanks for postiing this -

Great information. I hadn't seen the specific statutes in print before.

[kanrok]

30. I happen to like the Espionage Act better

Here's the pertinent language (emphasis supplied...by me):

f) Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense,
(1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or
(2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer—
Shall be fined under this title or imprisoned not more than ten years, or both

18 USC 793(f)

Here's the full statute. It has a 10 year limitaions period.
http://straylight.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000793----000-.html

[BR_Parkway]

35. I think you missed the most important line in that sentence -

(2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer—

His only defense is that he DID report it to Shrub and Cheney, then what the hell did they do with the info.

Hell, the crime they get convicted of may have been the cover-up / everyone's failure to report what they knew...

[kanrok]

37. Ummm...nope

The second clause relates to a different set of circumstances. The reporting requirement only comes into play if the target " knowledge that the illegally...delivered in violation of his trust." Hence the "or" between the two clauses.

[dogday]

5. I read somewhere the Memo was in the hands

of Colin Powell and it was spread around on Air Force one... That is how the information got out. Now did someone sneak a peek or did someone share?

[housewolf]

7. I heard also that Colin Powell had the document on AF1

but I hadn't heard the part about that being when/where the info was leaked.

[dogday]

8. that is the shady area

it is not discerned how the document was seen. Whether someone knowingly showed it to someone or somebody sneaked a peek at it....

[BeHereNow]

10. My letter to the LA Times

I am hoping that my letter to the Times conveys that point:

Protecting National Security or Karl Rove:
The question must be asked.

We are a country at war, how we got there is
questionable at best, given what we have learned
from the Downing Street Memos which reveal
plans to "fix intelligence" (months prior to it) to justify the illegal
invasion and continuing occupation of Iraq.
Fast forward to the recent "ongoing investigation"
and the clear involvement of Karl Rove in revealing the
identity of Valerie Plame as a CIA operative working
undercover on National Security Intelligence in the area of
enemy proliferation of WMDs, which interestingly enough was
the very basis for going to war in Iraq, despite the fact that
they have never been discovered and are simply no longer
discussed.
What many Americans do not know is this:
Joseph Wilson, the husband of CIA agent Valerie Plame,
was the person sent to Nigeria to investigate
the "yellow cake" claims falsely made by
White House officials and the President of the United States
prior to sending our troops to war.
Joseph Wilson was also the first and
most qualified person to dispute those claims.
Shortly after he did so, his wife's identity and covert CIA status was
revealed in the press. No connection? Even after Rove was
quoted as referring to Wilson's wife as "fair game?"
That's what the White House would have us now believe
despite the mounting evidence against Karl Rove
who has a well documented history of precisely such
retaliatory behavior against political opponents.
Apparently, we have reached a point where the policy of
deception, vindictive political actions and cover ups take precedence over national security and protecting the men and women who serve our
country, both in uniform and in our intelligence agencies.
Anyone with the courage and patriotism to point out that this
administration has lied to the American people will be punished,
even at the cost of national security.

In what was once America,
this would have been called treason.

Keep your fingers corssed that it is published!!!
BHN

[housewolf]

13. VERY well done!

That's very well-written and comprehensive without being too wordy. Excellent job!

Congratulations, I hope it gets published.

[BeHereNow]

15. Thanks- I hope so too!

I tried to be concise and not too wordy-
Just the facts, just the facts because I REALLY
don't think most people know the basic facts
around the situation!
BHN

[housewolf]

16. "I REALLY don't think most people know the basic facts..."

I SO agree with you! There is so much speculation and spin whirling about, and it's complex so that it hard for people to understand without really looking into it. And now complicated by those bizarro talking points the Republicans are shouting from rooftops today - saying that Rove was trying to keep reporters from writing misleading stories... yeah, right! But if you haven't been paying attention to the story for the past two years, a person can be swayed by that kind of malarky.

[BeHereNow]

21. Well, I think THAT is where DU Activists Corps CAN make a difference!

If we can perfect the art of planting seeds in a concise manner,
of the FACTUAL information, (that I sometimes think we take for granted, because we are so immersed in it on a daily basis, ) then perhaps we can
break down the wall of ignorance that has been perpetuated
with the complicity of the whoring network tele-brownshirts.

I think the potential effectiveness lies in honing our
skills as writers- to deliver Internet searchable terms in
every correspondence in a way that motivates the average
citizen to investigate further.
The key?
Remember the average American has the attention span of a flea-
therefore, the message must be on task and to the point as
well as inclusive of key terms.
Americans will not read anything that is too wordy or
intellectual.
This we know from examination of the top ten
best sellers in America.
Fluff, fluff and the some fluff.
BHN

[peacetalksforall]

22. Little or big correction....Niger, not Nigeria. Two different countries.

(previous text self-deleted - will post separately)

[peacetalksforall]

24. I have a different take - emphasis on Cheney and Bush.

I take a step further than you - I tend to believe that Cheney wanted to have Plame's team shut down. She was part of an investigation into nuclear and wmd proliferation and trafficking. Cheney was involved with people who were proliferating and trafficking.

It happened that he was also (or later) actively creating the war on Iraq.

Also, someone in the WH, Pentagon, CIA, or State Dept and/or Israel was actively concocting a letter/document that claimed that Hussein was trying to buy yellowcake from Niger. The letter(s) was revealed as a fake. The WH wanted to use the Niger claim. In spite of the fakery of the letter, the WH wanted to prove that the claim against Hussein was true. It was the role of the CIA to find out. Somewhere along the way, Wilson was chosen to try to verify the claim.

Wilson went to Niger, couldn't find the evidence, returned, briefed those who sent him. A few months later Bush is still trying to pimp the war by claiming in the State of the Union speech that Hussein was trying to buy the yellowcake from Niger. Two months later we bomb Iraq. Three months later, there are no weapons found.

In July, Wilson writes his column.

Soon after, Bush goes to Africa with (from what we're hearing) Powell and Rice. Now we're hearing that classified national intelligence files were also flying to Africa on board AF1.

It appears someone told Rove to expose and defame the Wilson's.

The possession of the file and the act of exposure broke two separate laws? This act did nothing good for the people of the United States.

In the pre-origins of the war:

Cheney has the most to gain to prove a Hussein yellowcake accusation. He had a personal interest pre-dating his VP role. He had a PNAC interest pre-dating his VP rold. He had a Halliburton role in concocting a war against Iraq. He had a VP role to contain and cover all his roles.

To read the stories appearing in various forums, enter "Cheney Khan Pakistan nuclear Barlow Pentagon" in an internet search field. Then do it without Barlow and Pentagon to get even more stories.

In the post Wilson era:

Bush and Cheney have the most to gain - revenge for exposing a problem with the excuses we were given for going to war.

We are discovering that Bush's specialty as a human being is a need for intense loyalty and intense revenge. Speculation, but there is mounting anecdotes to go on, plus his own words and actions.

We know what Cheney is all about. Profit for himself and/or a select few others

[BeHereNow]

25. AGREE! and DUH!

I feel like such a dunce- Note to self: NIGER, NOT Nigeria.
Sorry, I was in a DU Activist Corp passion when I popped it off-
I must remember to contact my editor before hitting the "send" button.

I concur with you about Cheney and take YOU one further.
I also believe this will lead back to the mysterious Energy meetings,
NOT just the "war for profit "connection-

That being said, at this point, I think it is of the UTMOST importance
that we try to simply engage the interest of the American people.
In order to do that, we must keep it simple and practice
moderation in what we deliver to them and measure carefully
the dosage regarding the depth of the details.
At this point, I would just be happy if the average American could
begin to contemplate the fact that the current administration
does not care a whit what happens to the people of this country!

Thanks for your help!
BHN

[Zorbuddha]

31. I'm corssing my fingers now.

Very good job!

[brettdale]

11. Kick

Kick

[Beam Me Up]

12. Nominate this thread, folks, so more people will see it. Quite informative

[B Calm]

17. Kicking

[Hamlette]

19. great find, seems right on the money, question:

Did anyone leak more than the identity of Wilson's wife? That would be even worse...for Rove. Do you think the other administration leaker was also on the flight?

I know many of you hate him and I admit to having lost respect for him but I hope Powell is not implicated.

I don't think it matters that Powell showed it to Rove (or anyone else with clearance).

[housewolf]

34. Larry O'Donnel said on Al Franken's show the other night

that the criminal aspect of the leak is related to the person who gave the information to Rove, not Rove talking to the reporters.

[Elidor]

20. There's something even more important everyone seems to miss

Bush knew. From the beginning. He was involved in the strategy session to smear her and knew all this from the beginning, long before he promised to fire whoever was responsible. The president approved a possibly treasonous act that certainly impeded the War on Terra. Rove is fucking small potatoes here.

[DoYouEverWonder]

36. So if Bu$h is a man of his word

I guess he'll be resigning soon? Somehow I doubt it.

[hootinholler]

23. So has Gannon testified?

Anyone know? H2O-dude? Magistrate? Bheuler?

-Hoot

[bribri16]

26. When it is all sorted out, "Gannon's" role will bigger than thought.

Nothing will happen to Rove but he will be allowed to resign his position to avoid further embarrassment to Bush but he will continue to run the government under Cheney from behind the scenes.

[peacetalksforall]

28. You state an important point. There is an army of people running

the right wing... (in the 80's they were in power, in the 90's the army was trying to destroy the Clintons, the Gores, and the Dems while preparing for their return to the WH. They were also busy in their corporate roles prepping for the takeover of the Middle East and other earth resource countries.

Everyone connects Rove with Bush as Bush's Brain (as the documentary it titled), but I view him as a a worker in the army. Since Cheney runs the show, Rove works more for Cheney for policy and policy input. In addition, he has the job of managing, tutoring, and coaching Bush. He is a major tactical idea and completion officer.

If Rove goes they will figure out a way for him to work from a distance and through a team. He will only be relieved of his shoulder touching job of managing Bush. Now, he will manage from a distance. It is still a Cheney-Rove team, with Rice and Card and many others getting direction from those who fund the think tanks, societies, foundations - the real people running the show. Cheney is kind of small potatoes in comparison to the movers and shakers because his face is up front. But there has to be a VP in Executive wh understands how to do it all with help from the Rove types.

[housewolf]

27. I believe he has testifed before the Grand Jury

but I don't know anything about his testimony, I don't believe anything has been released regarding it.

[suegeo]

29. How secure was Time's email system?

I mean, Cooper wrote in an email that Plame was CIA.

Now if Time's email system isn't very secure, our country's (ever-expanding list of) enemies could tap in, read the classified information, and BANG-BANG, people get killed.

Considering Rove (who does he really work for anyway?) was leaking this stuff all over the place, how many other email systems could have been tapped, where other reporters were also sending emails to their bosses? How about wireless phone calls? Land line phone calls?

[noamnety]

33. That's a joke, right?

The answer would be not secure at all, unless every person on the network has a security clearance as well as the janitors there after hours, and they degaussed the hard drives before disposing of them and the building is secured ... that would be the short answer on an army base, where there is already some security and a record of who's on the installation.

Back in the days of typewriters everywhere, if we typed a classified memo, the typewriter ribbon got slapped with a classified ribbon and got locked up in a safe when if wasn't being used. We use computers with removable hard drives that you lock in the safe at night, with added layers of security on top of that.

When we had the occasional accident with someone typing something on the wrong machine, we had to write up damage assessments, debrief others that may have had access to the machines, have them sign nondisclosure forms, a whole circus of events got triggered.

The NYT? I would be shocked if they even called anyone in to debrief the net administrators when they realized they had a security issue, let alone secured the drive storing the email.

[brettdale]

32. kick

kick