Matthews, Mitchell, and O'Beirne combined for Plame misinformation triple-team
http://mediamatters.org/items/200510140009On the October 13 edition of MSNBC's Hardball with Chris Matthews, NBC News chief foreign affairs correspondent Andrea Mitchell, National Review Washington editor Kate O'Beirne, and host Chris Matthews presented false and misleading statements concerning the investigation into the alleged outing of former CIA agent Valerie Plame. Mitchell wrongly asserted that Plame's husband, former ambassador Joseph C. Wilson IV, claimed that Vice President Dick Cheney "dispatched" him to Niger in 2002 to investigate the alleged sale of yellowcake uranium to Iraq. Matthews stated as fact the disputed claim that Plame "suggested her husband for the mission" to Niger. And O'Beirne confused two statutes that may have been violated when Plame's identity was leaked to the press -- the 1917 Espionage Act and the 1982 Intelligence Identities Protection Act -- and wrongly attacked Wilson's credibility by claiming he was "
o expert in weapons of mass destruction."
Mitchell, claiming she wanted to "clear something up," stated that "here had been inaccurate reporting -- some of it came from Wilson's mouth himself -- that he was dispatched by the vice president." Wilson, however, never claimed that Cheney or Cheney's office sent him to Niger. As Media Matters for America has noted, Wilson -- in his July 6, 2003, New York Times op-ed and in numerous televised appearances -- claimed he was sent to Niger by the CIA to answer questions from Cheney's office regarding the purported sale of uranium to Iraq. The false claim that Wilson stated or implied that Cheney sent him to Niger (literally a Republican National Committee talking point) is significant to the controversy surrounding the White House's alleged outing of Plame. In an attempt to justify the purported leaking of Plame's identity to the press, the White House claimed that it had a legitimate interest in setting the record straight by disclosing that Plame, not Cheney, was actually responsible for Wilson's being sent to Niger.
Responding to Mitchell's remarks, Matthews commented that "f course Valerie Plame suggested her husband for the mission." But what Matthews presented as fact is a matter very much in dispute. Unnamed intelligence officials have been quoted in the press claiming that the CIA -- not Plame -- selected Wilson for the mission. Also, CIA officials disputed the accuracy of a State Department intelligence memo that reportedly indicates that Plame "suggested" Wilson's name for the trip. Moreover, the Senate Intelligence Committee did not officially conclude that Plame suggested the trip in its 2004 "Report on the U.S. Intelligence Community's Prewar Intelligence Assessments on Iraq."
O'Beirne, in an attempt to dismiss the possibility that leaking Plame's identity violated the law, apparently confused the Espionage Act and the Intelligence Identities Protection Act (IIPA) -- two statutes under which special prosecutor Patrick J. Fitzgerald is reportedly considering seeking indictments. Responding to Matthews's comment that White House officials "could have still broken the law to whack" Wilson, O'Beirne said: "Yes, that underlying Espionage Act is pretty darn hard to break. They could've been unaware ... of what her status was at the CIA." The Espionage Act does not, however, specifically address the identities of covert agents, but instead deals generally with the unlawful distribution of classified information to individuals not authorized to receive it. O'Beirne's comments echo the language of the IIPA, which states that revealing the identity of an undercover agent is illegal only if the leaker was aware of the agent's covert status. Conservatives have questioned whether any law was broken in Plame's outing by claiming that the IIPA sets very high hurdles for prosecution, while apparently ignoring the other laws that may have been violated in the Plame leak. According to the IIPA: 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.