Element by Element Legal Analysis
The Intelligence Identities Protection Act and Why Karl Rove
and Others Legitimately Face Prosecution Under It
by David G. Mills
www.dissidentvoice.org
July 22, 2005
http://www.dissidentvoice.org/July05/Mills0722.htmRecently Matthew Cooper of Time magazine wrote an article about his very recent testimony before the Grand Jury. One thing he said was of particular interest on the issue of willful blindness: “I have a distinct memory of Rove ending the call by saying, ‘I've already said too much.’”
This statement is highly indicative that Rove knew he was disclosing something he was not supposed to be disclosing and that if he didn’t know the details of Plame’s covert status and the US’s desire to keep her status secret, he clearly had a suspicion of it.
Moreover, recently Representative Waxman has written an article about Rove’s disclosure agreement. It is clear that the disclosure agreement Rove signed did not allow him to even confirm any confidential information. It further states that he has “been advised that the unauthorized disclosure … of confidential information … could cause damage or irreparable injury to the United States or could be used to advantage by a foreign nation.”
Do we have sufficient evidence that Rove was “willfully blind” to his obligation to determine whether Plame was covert before he confirmed anything about her? Yes. Do we have sufficient evidence that Rove was “willfully blind” to his obligation to determine whether the US was seeking to keep her identity secret? Yes. My conclusion to the third element: Rove and others had the requisite knowledge the statute says they must have to commit a crime.