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Wilson Case Dismissed

Posted by Jim Marcinkowski

SECRET/NOFORN/NOMORONS/NOREPUBS/NOPOLITOCOS/NOHACKS

TO: CIA STATIONS WORLDWIDE

FM: LEGAL COUNSEL – LANGLEY, VIRGINIA

RE: DISMISSAL OF WILSON/PLAME DISCLOSURE CASE – SUMMARY

REF: Valerie Plame Wilson et al v. I. Lewis Libby, et al.

As you are no doubt aware, last week Judge John D. Bates of the federal district court in WDC dismissed the Wilson case. While you operate overseas in a cover capacity and risk your life and that of your family members in various Third World “armpits” around the globe, please know that we here in WDC are fighting for you. Our battle here in Washington is with a White House that thinks it is above the law and a federal bureaucracy and national media that backs them up. None of the key players in Office of the President or Vice President have any clandestine experience. In fact, hardly any have even a military background. We make this point to make sure you are aware of what we here are up against.

Simply put, we are under attack from all quarters from very effective morons that can’t get their arms around the covert intelligence collection process. The examples are endless. We all know that we were right on with our assessments on Iraq, yet those portions of our product that contradicted White House policy were suppressed and the facially supportive sections declassified and released to the public. The Bozos trying to play spy at the Pentagon, like Doug Feith, were allowed to get away with the largest swindle of American public opinion we can remember. And we have recently been confronted by another “useful idiot” of the conservative right-wing nuts, Rowan Scarborough and his book “America’s Enemies Within the CIA,” who questions our patriotism.

It is not a good day to risk your life for our country. But you probably already know that. And you have more than a full understanding of the countless misperceptions of our work. After all, many of you have lived these events, not from the comfort of your living room in the good ole US of A. But you are as resilient as you are committed to this country and therefore can take yet another blow from your own government.

The following is a summation of the ruling in the Wilson case. Substantial internal contradictions and other absurdities have been ignored to present a mere general overview.

• Wilson can’t sue because the only way to preserve national security is to protect those people that breach national security from ever talking about it because talking about breaching national security would breach national security and breaching national security is very, very serious.

• The Vice President cannot be sued for violating the Privacy Act and/or the Intelligence Identities Protection Act of 1982 and/or the United States Constitution because those things are clearly within the scope of the Vice President’s employment.

• In purely legal terms there is no distinction between an overturned denial of social security benefits (OP. pg. 13 and 14) with catching a .45 magnum slug at the base of your skull in Cairo.

• While the Wilson claims “pose important questions” (like life and death in the clandestine service) they are trumped by the apparently even more important procedural questions like the following:

• A violation of a constitutional right claim cannot be brought where there is another possible course of action or remedy, like the Privacy Act. But, while a Privacy Act claim cannot be brought against the Office of the Vice President, it can serve as a reason to dismiss the constitutional claim against him. Get it? (OP. pg. 25).

• A covert agent is not entitled to Equal Protection under the law because he or she would have to show that he or she was treated differently than other covert agents. Wilson “would need to introduce evidence pertaining to the Government’s treatment of other covert agents whose espionage relationships have not been acknowledged — evidence that might reveal the identities of those agents.” (OP. pg. 31 and 32) [Henceforth, if you are killed in the line of duty, before we can carve your star in the wall, there will be an official headcount of all Agency personnel still alive].

• And that Due Process thing. Forget it. Wilson’s “substantive due process claim depends upon whether (the White House by revealing her covert identity) increased the danger of third-party violence against (them).” The resolution of these claims therefore might require an exploration into Mrs. Wilson’s specific duties as a covert operative.” (OP. pg. 33). [Apparently, Tony “No Teeth” Zamboni from Brooklyn was not available to testify as an expert witness as to the danger of being exposed].

• In a brilliant moment of clarity it was stated that “Even a small chance that some court will order disclosure of a source’s identity could well impair intelligence gathering.” (OP. pg. 33 and 34). Well we certainly don’t want that to happen….again. Case dismissed.

• It was concluded that the “alleged tortious conduct, namely the disclosure of Mrs. Wilson’s status as a covert operative, was incidental to the kind of conduct that (members of the White House) were employed to perform.” (OP. pg. 39). You should take confidence in knowing that we have initiated full corrective measures. When the President underwent his delicate procedure this past Saturday, Mr. Cheney was not given the real nuclear alert codes on the chance that he may have “incidentally” handed them over to the Chinese.

• In 1971 the U.S. Supreme Court (Bivens v. Unknown Federal Agents) stated that “it is . . . well settled that where legal rights have been invaded, and a federal statute provides for a general right to sue for such invasion, federal courts may use any available remedy to make good the wrong done.” In other words, where there is no remedy, the court may provide one. We are confident that the Wilson decision will be overturned on appeal since the 43 page opinion dismissing for lack of a remedy is also the best case for why the court should provide one.

First Amendment? No. Equal Protection? No. Due Process? No. Now some of you may interpret this as a CIA undercover officer having no more rights than the detainees of Guantanamo and other facilities. That is absolutely not the case. Let me make a number of clear distinctions as to why this is not so 99dh
Hue*27799sssss XXXNjjuudoooooAllallLdldldlllllldlldthtueuusnnnnnentnnntnntN
FHMS/nnnntnnntnntnntnntnntnJnA’[ASLlslLmIIislllaooaooOahngGNWU&%()#)0

(If any portion of this message appears garbled please see your systems administrator).

It’s been repeated throughout history that laws are like a spiders’ web, which may catch small mosquitoes but lets wasps and hornets break through. This is nothing new and these times will pass.

Finally, let’s redouble our efforts in our fight to protect this country and the cherished constitutional principles upon which it was founded.

Good luck and God speed.

FIELD RECOMMENDATION NOTE: WHILE THE REPUBLICANS CONTROL THE WHITE HOUSE, KEEP TWO HANDS OVER IT.

SECRET/NOFORN/NOMORONS/NOREPUBS/NOPOLITOCOS/NOHACKS

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Comment by Leslie | 2007-07-23 17:14:40

Excellent summation.

It reminds me of the Supreme Court’s Gore Decision, which is explained here for laymen. By the same token, we may title Bates’ decision the Wilson Exception.

—————

Note: This is the 3rd time I’ve tried posting this comment. Am I the only one having problems posting a comment today? It may be this post that isn’t permitting comments. Because I just posted a comment below without any problem.

What happens: After writing a comment and posting, the blog refreshes, and then nothing happens. The comment doesn’t show up, the comment count remains unchanged, and the “Recent Comments” section remains unaltered.

[ED. NOTE: I erased the duplicate posts, Leslie - SusanUnPC]

Comment by Larry Johnson | 2007-07-23 19:16:16

Leslie,
For some reason you are getting dumped into the spam folder. I cleared it out and cleared you thru. Sorry. Don’t know why.

Comment by Leslie | 2007-07-23 19:35:21

Thanks!

Maybe that’s happening to Montag and Susan too under your post, questions Congress ought to ask about the NIE. Their comments register in the “Recent Comments” area, but not under the post itself for some reason. Emailed Susan, and she’s probably looking into it.

Comment by SusanUnPC | 2007-07-24 01:19:06

No, our posts showed up for me and for others. We’re trying to figure out why Leslie often doesn’t see the latest comments or her own comments posted. Is anyone else seeing this? I.e., do you look at the Recent Comments list, and not see your most recent comment listed?

 
 
 

Comment by Leslie | 2007-07-24 02:04:55

Thank you Susan!

Testing, testing…123

 
 

Comment by Montag | 2007-07-23 17:15:06

Now some of you may interpret this as indication that a CIA undercover officer has no more rights than a slave, when the difference is obvious. A slave can be sold–a CIA undercover officer can only be sold OUT and “shopped around.” The difference is indistinguishable only to the small-minded; i.e. legal scholars, anyone supporting such “quaint concepts” as fair play and loyalty, and other moral terrorists.

I would like to stress that this matter has not rendered our country any less safe and secure, on the whole. Now I do not mean by this that the whole country is safe and secure, but that for a hole it is safe and secure–and this country is certainly in a hole.

In closing I would like to make this appeal to those of you who are tempted to leave government service for the more profitable and less demanding private sector. Know of any good job openings for someone like me?

 

Comment by Rodina | 2007-07-23 17:16:01

My experience of the DO during the Latter Cold War was that its people tended to be pretty far to the political right. If that’s still so, I’d imagine that there’s a lot of cognitive dissonance floating around there these days. NOCs getting outed by right-wing Executive Branch officials for right-wing political purposes must be hard to parse.

Are you (Larry) getting any feedback on such things from current DO people?

Comment by Larry Johnson | 2007-07-23 18:00:03

Short answer yes. Many still don’t appreciate their jeopardy.
LJ

 
 

Comment by konopelli/wgg | 2007-07-23 17:17:28

Shorter Larry:
The Fucking Fix Is In All The Way To The Top; You Are SOOOOO Fucked!

 

Comment by schwifty | 2007-07-23 17:53:57

Larry, you are bad for my blood pressure in the very best way.

 

Comment by J | 2007-07-23 18:20:02

Larry,

this particular egg sucking white house doesn’t want anything to get in the way of their callboy affairs.

barf

 

Comment by J | 2007-07-23 18:35:49

Larry, Jim,

speaking of ‘crap houses’……since congress isn’t being allowed access to the bush admin.’s classified continuity of govt. plans, http://www.oregonlive.com/news/oregonian/index.ssf?/base/news/118489654058910.xml&coll=7 the congress needs to take immediate steps to repeal it and have it declared null and void ‘by u.s. law’. remember that it is the congress that ‘makes laws’, not the dunderheads at the bush crap house.

 

Comment by Leslie | 2007-07-23 18:45:46

Larry,
Your excellent analysis reminds me of the Supreme Court’s Gore Exception, explained here for laymen. Maybe we should call Bates’ decision The Wilson Exception.

 

Comment by Leslie | 2007-07-23 19:17:17

Sorry for duplicates. Hope the powers that be will erase them?

I was having problems commenting on this post, which Susan helped me with.

 

Comment by Linda | 2007-07-23 22:16:15

I think I understand Leslie’s comment (after reading it a thousand times). The Bush v. Gore decision was not a precedent, it was only decided for the purpose of allowing the republicans to steal an election and if any other party wants to steal an election they can bring their own damn case before their own damn supreme court. The ruling in the Wilson case is only for the purpose of allowing right wingers to manipulate intelligence and intimidate anyone in the CIA who isn’t with the program. anyone else wants to out an agent (say for the purpose of undermining official lies) they can get their own damn ruling. Otherwise they’re going into the clink and paying a damange settlement.

This post modern justice thing is tough on an old legal mind. I think I need a drink.

 

Comment by osama_been_forgotten | 2007-07-23 22:19:41

Larry;
What is the deal with Novak’s claim that Val P. had already been compromised by a Soviet agent?

True or false - and is there any documentation to back it up?

Comment by rugger9 | 2007-07-24 01:30:23

A couple of observations on that, which clearly cast doubt on the claim:

1. Where was that excuse four years ago? We were hearing about the desk jockey BS at that point along with the boondoggle BS. If the Russians had really outed her already it would have been claimed then, not now, and it is likely the CIA knew blown assets from deposing Ames and Hanssen. I’m sure LJ has more on that.

2. How would Novak know? If he’s a FSB/SVRR operative he should be under arrest by now. I really don’t see how he could be reliable otherwise on this. I think it’s version 5.0 of the explanation, but it’s still BS. But, as we all know “It’s OK If You Are Republican [of the Rovian variety]“, IOKIYAR for short. Novakula also said this today, IMO more than a little treasonous…

Novak: Journalists should support outing CIA agents. Speaking to fellow reporters this morning, conservative columnist Robert Novak said he was “disappointed in the journalism profession” for its reaction to his printing Valerie Plame’s identity. “I thought we stuck together in things like this. I guess that wasn’t the case.” [h/t Think Progress]

3. Even if her cover was “known” to the Russians (which I doubt without detection, and she wouldn’t be running B-J if she were compromised in any way), the CIA still considered her to be covert for what she was doing to demand twice that closet tree-hugger Ashcroft get after who spilled the beans not only on Plame but her front company. DCI GEN Hayden reiterated it for the Committee and for Fitz at the trial, and he is a loyal Bushie. To date not one document produced by the apologists has ever explained how the declassification happened, either for Plame or Brewster Jennings. Since the CIA is separate from every other Executive Branch entity, any “declassification” had to have a record as to who authorized it and why.

4. Confirming info is as bad as leaking it [refer to the SF-312]. Rove also leaked it to Cooper and others, independent of Libby. Libby leaked it to others [Judy under the aspens, ahhhh, all very, um, wholesome I'm sure] as well independent of Rove and Armitage. Cheney orchestrated the whole thing from the outlines of what we know now. It may be why we don’t have the declas doc, since that would be a pretty smoky gun lying out there.

 
 

Comment by graywolf | 2007-07-23 23:36:56

Let’s see…..

The CIA MISSES 9/11, leaks secrets to the press (left-wing only),
misses IRAQ WMD and

BUSH is the bad guy???

What do they DO at the CIA…besides take coffee breaks and try to undermine the ELECTED government??

Comment by taters | 2007-07-24 04:07:01

Gray Wolf spews his usual rancid predictable bullshit. Hey, did you get the president’s proctologist’s gloves from Camp David bronzed yet? Ya friggin’ tard. Even a drunken hog will stumble up on a kernel of corn, but you - btw - how’s that blow up doll of Bob Novak? You really do have got that cognitive dissonance thing down really pat, dontcha?

From the WaPo review of Pulitzer Prize Winning Author Ron Susskind’s
The One Per Cent Doctrine
By Barton Gellman,
a Washington Post staff writer who reports on intelligence and national security
Tuesday, June 20, 2006; C01

-excerpt-
The book’s opening anecdote tells of an unnamed CIA briefer who flew to Bush’s Texas ranch during the scary summer of 2001, amid a flurry of reports of a pending al-Qaeda attack, to call the president’s attention personally to the now-famous Aug. 6, 2001, memo titled “Bin Ladin Determined to Strike in US.” Bush reportedly heard the briefer out and replied:All right. You’ve covered your ass, now.”

Three months later, with bin Laden holed up in the Afghan mountain redoubt of Tora Bora, the CIA official managing the Afghanistan campaign, Henry A. Crumpton (now the State Department’s counterterrorism chief), brought a detailed map to Bush and Cheney. White House accounts have long insisted that Bush had every reason to believe that Pakistan’s army and pro-U.S. Afghan militias had bin Laden cornered and that there was no reason to commit large numbers of U.S. troops to get him. But Crumpton’s message in the Oval Office, as told through Suskind, was blunt: The surrogate forces were “definitely not” up to the job, and “we’re going to lose our prey if we’re not careful.”

http://www.washingtonpost.com/wp-dyn/content/article/2006/06/19/AR2006061901211_pf.html

“Granpa Graywolf, you weren’t one of those Americans that laid down when that bad man Bush was president back when? You didn’t vote for him did you?”

 
 

Comment by Don | 2007-07-24 00:29:40

In an analog perspective all are included and protected. In the digital view (black or white, them or us) held by the extreme right, only those “who are for us” are protected. When rigidity sets in, one can suspect death of the body. Our nation is dying from the rigidity of the right wing. Will the eagle rise out of the ashes and fly again? Of course! But I don’t think death is easy. I am saddened to see what the right wing has wrought. Their season shall pass.

History repeats itself. Our nation once stood up to King George and declared our FREEDOM! The sound you hear is the echoes of patriots from the past. Through repudiation of King George the III (aka W), I have no doubt this nation will be better and stronger. He has shown the world the WAY not to go. If the fools do not destroy the world in a nuclear holocaust, it is all good. Ultimately TRUTH prevails. The patriots are singing our song.

Keep up the good work, Larry.

 

Comment by Patrick Henry | 2007-07-24 00:53:08

GRAYWOLF..

Since 9/11 was a DOMESTIC Attack..and Incident..It was a FBI Law Enforcement Matter…who’s AGENTS had their hands on Everything..and sent the Information..Warnings..Concerns ..Requests for ACTION to HEADQUARTERS..where Leadership retained by Now President George W. Bush failed to take Operable Action…just like George W. Bush and his Cronys failed to take Operable ACTION…even after Being told by CIA that Bin Laden was determined to Attack the United States ..The BUSH Administration Undermined Counter Terrorism on all Levels after coming to office..and Failed to make It a PRIORITY..Cabinent Level Matter..and it was the Bush administration that Leaked SECRETS to the RIGHT WING Press..that Identified a Covert CIA Agent..Valorie Plame..and Wrecked Her Task Force..that gather Intel on WMDS..How Convienent for the Neo~Con War Planners..

and then the Bush administration..Neo con war Planners..Attacked a Honorable United States Ambassador who told the TRUTH about Iraq on the WMD Issue that the Bush administration was Lying about ..Why did the Bush administration even go after Ambassador Wilson…Every thing He said was VERIFIED by Other SOURCES and Other Investigations..

In my opinion..GRAYBEARD…You are Pure SCUM for your Irresponsible Stupid Comments about what the CIA Does..and your other STUPID Comments here defending all the Sleeze done by the Bush Administration that has Ruined so many Lifes and brought so much Pain and Suffering to Our Militry Members and thier Familys in an un~Necessary WAR.. for thier OWN Motives..what that self serving Neo~Con ACTION is Costing the People of the United States..

You Have NO IDEA how well the CIA Has Served the United States..Bravely..and at great Risk..and Sacrificed…and its People Serve with Great DEDICATION..but get little recognition or Appreciation because they can’t reveal thier SECRETS..or get the Credit they Really deserve..

Prove that They have UNDERMINED ..the Government..Asshole…

What you just put up here Is Disgusting BULLSHIT..while you sit there with your coffee Cup..doing nothing..

What have You Ever done..??

Got any Family in Iraq..??

Go down to the Viet Nam War memorial and spend a day thinking about
the People who have really made the Sacrifices..for Your ELECTED
Government…

 

Comment by anon paranoid | 2007-07-24 00:57:52

I personally feel that if any of our foreign assets got killed by this leak than that portion of the damage assessment should be leaked to the press.

Outside of that I also think that family members of the fallen asset should take the law into their own hands and see that I Lewis Scooter Libby receives the justice he deserves. I sure wouldn’t lose any sleep over it.

We are now under a dictatorship that is going to lead our country into World War III and soon the nukes will be falling over here. They will not give up the power they have garnered and I truly believe that there will be no elections in 2008.

May the Lord have mercy upon us.

God Bless

Comment by Rob | 2007-07-24 01:19:43

I would love to know what the CIA’s damage assessment was on this outing. Actually I believe that report redacted to protect sources and methods and officers…needs to be made public…..

I would love to know the real damage done here not just in outing the officer but the cover company as well…

Comment by rugger9 | 2007-07-24 01:43:15

The Brewster Jennings part is very interesting to me. While outing Plame was bad enough, what really put the stake into the heart of the network was Novak’s outing the front company shortly afterward (I did see a report it was on TV the next day, maybe the crew has the timeline). It conveniently (for Cheney, who was running this) took out the sources of any information that would dispute what he was stovepiping through Feith, both for Iraq and Iran.

If it were only about Amb. Wilson, my guess is it would have stopped at Plame. However, in his field trips to Langley, Cheney was able to connect the dots and get two birds with one stone, and Plame’s case would keep attention away from the reason why she and B-J were important. It’s still being missed even in the blogosphere much less the MSM.

It is still treason, no matter the excuse, and the fact that W has done nothing (not even yanking Rove’s clearance after TBlossom admitted to leaking the names) about it means he is at least an accessory to it, all of them are worthy of a trip to the yardarm.

 
 
 

Pingback by links for 2007-07-24 « MissM’s Blog | 2007-07-24 01:34:33

[...] NO QUARTER » Wilson Case Dismissed Wilson can’t sue [snip][cause we have] to protect those people that breach national security from ever talking about it because talking about breaching national security would breach national security and breaching national security is very, very seriou (tags: OMFG current_administration criminal) [...]

 

Comment by Sue | 2007-07-24 02:11:37

Wow. A death wish. I’m surprised you stopped at Libby, since Armitage is the actual ‘leaker’.

Outside of that I also think that family members of the fallen asset should take the law into their own hands and see that I Lewis Scooter Libby receives the justice he deserves.

 

Comment by Sue | 2007-07-24 02:26:28

You make this point because it is all you have. Very few of our “elected” leaders have military or clandestine experience. One that did, did not win re-election. In fact, he lost to a draft dodger.

We make this point to make sure you are aware of what we here are up against.

 

Comment by anon paranoid | 2007-07-24 02:28:53

Sue…
I never said anything about death, I said get the justice he deserves. And that goes for anyone who would commit Treason against our country.

It seems that you think receiving justice is death and maybe it is, I don’t know. But those who commit Treason or War Crimes usually get the death sentence if found guilty by a jury of their peers.

God Bless.

 

Comment by Sue | 2007-07-24 02:32:09

Most people think taking the law into your own hands involves more than a tongue lashing. Sounded like a death wish to me.

 

Comment by anon paranoid | 2007-07-24 02:46:40

If that’s what you think than maybe that’s because thats what you wish to believe.

No matter what if anything were to befall Scooter it would not bother me one bit. However, if are assets are destroyed due to a Treasonous act by this administration than that would bother me because it endangers all Americans Lives and not just one person.

If you feel that wanting to see someone receive punishment for a vile crime like Scooter committed is hoping for death than you must be one sick person. Only those on the right relish killing people. Those like Eric Rudolph and Paul Hill who think they are doing Gods work.

God Bless.

 

Comment by GR3 | 2007-07-24 03:25:14

Sure looks like it’s a good time for an updated
Catch 22. Which was also written in wartime.
I enjoyed this line about the legal opinion:
“Substantial internal contradictions and other absurdities have been ignored”.
With such a lack of humor, the wingnuts are perfect foils. What profit does spewing poison have for them? Does it relieve the ‘pressure’? Or are they really concerned about when the CIA will have enough Bush loyalists to be respectable again?

 

Comment by Sue | 2007-07-24 14:34:55

anaon paranoid,

Just so we’re clear here, I am pissed the president commuted the sentence of Scooter Libby. I wanted a pardon.

People reading your post will see it like I did, whether they will admit it here is another story.

No matter what if anything were to befall Scooter it would not bother me one bit.

Especially with a follow-up post that says you wouldn’t be bothered with the death of an innocent man.

Comment by taters | 2007-07-24 15:32:22

Sue,
You’ve yet to address why you stated that your husband was undercover. Explanation please.

 
 

Comment by mudkitty | 2007-07-24 15:33:45

Sue - let’s be even clearer…are you pro-death-penalty?

Do you think abortion is murder?

Do you get what I’m driving at?

Yes or no?

 

Comment by Sue | 2007-07-24 15:46:23

taters,

Can’t explain that which you can’t understand. He is not undercover and we’ll leave it at that.

Comment by taters | 2007-07-24 17:00:41

So why did you say he was? Explain Lucy…

 
 

Comment by Sue | 2007-07-24 15:47:35

Do you get what I’m driving at?

Yes or no?

Do you?

 

Comment by osama_been_forgotten | 2007-07-24 17:27:19

Stale thread - but I wanted to thank rugger9 for the response.

Yes - I’m aware of the SF-312, I have signed one myself. (and personally, am quite pissed that anyone could violate that agreement, and maintain a clearance). I’m not sure that the clause about “confirming information that’s already made public but still controlled” is technically a violation of law.

But everybody who has a clearance effing knows better.
And nobody who has been through this process buys the Administration’s official story. (It’s actually widely used as an example of what NOT to do, in security training and information protection briefings now.)

I just wish it were easier to make this argument with the wingnuts who are willing to accept the most ridiculous lies so that their twisted view of George W Bush as “Hero of Amerikkka” is not tarnished.

 

Comment by Cindy | 2007-07-24 17:27:36

If I did what the maroons did, I’d have an all expense paid (long) vacation in Kansas. When I was read in to SCI programs, I took that agreement VERY seriously - what’s good for me, is good for them. The rats!!! (no offense to those of the rodent persuasion)

 

Comment by Sue | 2007-07-24 17:57:18

taters,

I already have. If you still don’t get it, then let it go.

 

Comment by chris | 2007-07-25 01:06:53

Let me make a number of clear distinctions as to why this is not so 99dh
Hue*27799sssss XXXNjjuudoooooAllallLdldldlllllldlldthtueuusnnnnnentnnntnntN
FHMS/nnnntnnntnntnntnntnntnJnA’[ASLlslLmIIislllaooaooOahngGNWU&%()#)0
(If any portion of this message appears garbled please see your systems administrator).

My systems admin is me, and I didn’t get this line. I love rhetorical comments, so maybe this is the modern technical equivalent to a rhetorical comment.

I read the Bates decision and yes it is quite a yo-yo job. To think this man gets paid to say, “well, i’m not going to rule on this matter, its out of my subject matter juristiction” makes me sick. To know that he also allowed Bush to sign a law that the Congress had not yet passed by saying, “ah…close enough”…makes me sick. And to know that he wouldn’t allow the GAO to investigate who Cheney was selling off our energy policy to…well you know.

I can hope the appeals court will overturn this ruling and that we can get this judge in front of a judicial review board.

Meanwhile, I atleast got to read Totten V United States, the case of a spy who worked down South during the Civil War and then was told we can’t hear your case because that would cause us to reveal secrets and we don’t reveal secrets. Oh..if only Totten had Robert Novak at the time. And I was able to read Bevins, the Federal Tort Claims act, and some other law.

Conclusion: So, we’ve gone back to the days of Sovereign Immunity and the heralding of King George can do no wrong.

 

Comment by Chris Vosburg | 2007-07-25 01:54:11

Sue writes: I’m surprised you stopped at Libby, since Armitage is the actual ‘leaker’.

As a female yourself, Sue, I’m sure you can appreciate the folly of claiming that only the first one on in a gang rape is “the rapist”.

 

Comment by Retired | 2007-07-25 02:42:52

Jim,

You forgot to slug your cable IBIGNORANT.

Regards.

 

Comment by Retired | 2007-07-25 02:45:10

Jim,

Oops, wrong digraph. Make that VPIGNORANT. Got to make sure that it gets filed correctly at Hqs.

Regards.

 

Comment by PrchrLady | 2007-07-25 03:12:10

Jim, thank you for sharing this here. I remember why after listening to you that I decided to work for your campaign here in Michigan. Your words to those who serve this Nation, often at their own risk and peril, are so right to the point. It is a very sad day. Not only for them, but for all those who have chosen a path of service to this Nation, in a multitude and variety of ways. Government service, like military service, is valued only so far as it serves the needs of the ruling elite. Look and see how easily this cabal has outsourced so much of it… I hope you will think about running for office again in 08… Michigan and the Country need more people like you…

 

Comment by Mr.Murder | 2007-07-25 06:08:40

Armitage was not the leaker, he was original confirmation to another person’s leak in the staff ranks of the OVP/White House. That leak was itself a confirmation of Libby’s leak passed down through the source he disclosed to…

Libby told someone, who repeated it in front of two others, the woman then reiterated said statement in front of Amrtiage who confirmed.

That initial disclosure goes back to Libby who was the source.

Thanks again for playing, please tip your waiter/waitress and bartender…

 

Comment by Mr.Murder | 2007-07-25 08:35:36

Armitage was the first to confirm. Someone else disclosed Plame’s status before he confirmed.
A woman in the Staff had Plame’s name mentioned in her presence alongside Armitage. He only confirmed what others said.

That source, who first stated the name, was Libby. Other known people in the company of the same journalist included two other reporters, the Staff lady, Armitage.

Whether or not the journalist Libby first leaked to repeated this is irrelevant, because Libby leaked to said source. That’s patent lawbreaking in and of itself.

Most likely Woodward was one of the journalists in that little circle, Cooper is most likely the other. The third journalist who had the topic come up, or brought it up after hearing so, in the presence of Armitage for confirmation, and later Rove from Cooper’s perspective, is the issue.

Rove heard so from elsewhere. Someone with clearance spoke the name to him, he confirmed and could not without having heard.

The Vice President refuses to open his visitation log. If the next judge is another co-opted Bush appointment, Democracy’s twilight will be irreversible.

Comment by rugger9 | 2007-07-25 18:09:25

And, it still doesn’t explain why Brewster Jennings was also outed. That info was every bit as classified and I still haven’t seen any declassification document [which might be a smoking gun itself]. Graypup and Sue keep glossing over that in their stampede to slurp up the “no real crime here” Koolaid. Sorry, but it is a crime under IIPA (even DCI Hayden said so, and he also complained about only having three days after starting surveillance under FISA to get warrants, that’s how loyal a Bushie he is)in addition to the Espionage Act of WW1 vintage.

As has been noted before by many of us who have had clearances, confirming is just as bad as original leaking since even blind squirrels can find a nut once in a while. And, this wasn’t an isolated incident but a campaign to neutralize a critic, which would fall under RICO, methinks. Remember, this is what the WH felt that it could release, what about the stuff they’re still hiding?

 
 

Comment by Leslie | 2007-07-25 18:25:35

Rugger9,
Yeah, I have similar questions about Brewster Jennings. As you mention, it’s odd that it’s rarely mentioned that both Plame and BJ were exposed, along with all their foreign/domestic contacts and work.

 

Comment by Leslie | 2007-07-25 18:27:10

Rugger9,
I’m guessing that people may have been killed, arrested, tortured, etc., as a result?

Comment by rugger9 | 2007-07-25 19:05:43

Larry talked about it, as much as he could. His short answer was “yes”.

It is a risk when one goes into that role, but the outing of Plame for craven political reasons, as well as B-J for the (in my view) opportunity to co-opt a potential critical voice means treason. That it is deliberately done by the WH with not even any apology to Plame or Wilson (see Snow’s comments about that and contrast to what W said about Libby) will make it very hard to get any assets in the future anywhere in the world, not just the Middle East. I’d be very interested in developments in China, Russia, the DPRK, Pakistan, Lebanon, Palestine, Saudi Arabia, Iran, and Iraq for starters, and no one will stick their neck out if they know they are a Rovian whim away from a bullet to the head.

It also seems that Cheney was pulling the strings on Libby’s commutation with AGAG’s approval on a memo he doesn’t remember signing, which might be a slight conflict of interest.

http://thenexthurrah.typepad.com/the_next_hurrah/ has the details.

This ruling was a travesty, and yet a masterpiece of saying “no” and stonewalling without actually looking at the merits. He bypassed saying anything about the activities, just said he couldn’t intervene. Notice that the judge did not say which jurisdiction should hear the case.

This is why the court packing the GOP has been engaged in is so damaging to America. They are stretching all possible theories to cover W’s tail at the behest of Rove, and since these are lifetime appointments, they will have to be impeached and removed one by one, withplenty of time to cause mischief in the interim.

 
 

Comment by Leslie | 2007-07-25 19:45:03

Rugger9,
Yes, agree with everything you’re saying and share your concerns.

 

Comment by Retired | 2007-07-25 23:16:19

Much more disturbing than Larry’s comments on the damage of this compromise was the unclassified statement of the CIA’s Deputy Director, Steven Kappes, to the court on the subject (which is linked in a thread below).

As Larry knows, I used to do this for a living, and can pretty much extrapolate what the damage must’ve been if Steve made this type of statement to the court.

The implications of this betrayal will be an albatross around the neck of our clandestine espionage activities for years. As strange as it may seem to those outside of the profession, trust is everything when your life is on the line, whether you are a case officer thousands of miles from home or an agent waiting for the fatal knock on the door from your own security service. Trusting people that you had no control over, indeed, that you may have never even met, was the essence of the craft.

The idea that potentially so many lives might be taken so lightly by the President and his immediate staff for the unworthy purpose of domestic politics is absolutely incredible to us. While certain of his predecessors may have lowered the bar of trust to limbo-like levels, this commander-in-chief has turned the damn thing into a staple. What betrayal is next? What, really, is left?

I can only thank God that I made it out safely, and pray that my colleagues can do the same.

Comment by Leslie | 2007-07-26 05:03:12

It doesn’t seem strange at all Retired. Why would anyone risk their life for a government that would sell them out for a political hit job on a critic. Why would anyone risk their life for an administration that tells them—you better get with our program or else. Now the Bushies, with help from many in the MSM, are portraying the CIA as traitorous organization. It’s mind-boggling. Who will be next?

 
 

Comment by anon paranoid | 2007-07-26 01:23:58

Even though this thread is pretty much done I’ve just got to say something else.

Libby lied not because he was worried about losing his job or being charged under IIPA. He lied and obstructed the investigation too keep from being charged with Treason along with all the other co-conspirators.

That being as many of you have already said Bush, Cheney, Rove, Novak, Armitage {maybe} and I’m sure many others inside the White House.

Our country is in serious danger of becoming a police state overnight. With the last Executive Order giving Bush the right to seize property and assets of those who disagree with his Iraq policy he has pretty much taken control of all government and put in under his control.

The new COG does that and still the Republicans stand behind him. They have sold out their oath to Uphold and Protect the Constitution while the Democrats are I believe fearful of arrest under the MCA as enemy combatants if they try now to impeach both Bush and Cheney.

They sat idly by and allow that law to pass with 7 Democrats and 1 collaborator Judas Iscariot Lieberman helping them. That law never should have passed. They gave immunity for War Crimes under the American Wars Crimes act and authorized the continuation of Torture.

They also not only allowed the right to Habeas Corpus to be stripped from the Constitution {destroying it}, but gave him the right to label anyone {Including American Citizens} as enemy combatants and arrest and hold indefinitely anyone he feels is committing a Hostile Act against the United States.

I fear that he will either push a confrontation with Iran or have Israel attack Iran’s Nuclear Facilities and than pull us in to defend Israel or instigate an attack of some kind here in America.

That is all he needs to enact Martial Law and take over the country. I doubt that we will have elections in 2008 as the power he has garnered he and the Republicans will never allow any Democrat to have, especially Hillary Clinton.

Ladies and Gentleman I’m afraid our country is in serious danger from within and not from outside forces. May the Lord have mercy upon us all.

God Bless.

 

Comment by Sue | 2007-07-26 01:33:06

As a female yourself, Sue, I’m sure you can appreciate the folly of claiming that only the first one on in a gang rape is “the rapist”.

You do know what “gang rape” is, don’t you?

 

Comment by Sue | 2007-07-26 01:37:46

but it is a crime under IIPA (even DCI Hayden said so,

Where? Exact quote.

Comment by rugger9 | 2007-07-26 02:35:05

Perhaps, Sue, you have a direct quote from the CIA (Vicky doesn’t count, she’s not in the CIA but merely a shill without facts) wheree they say she was not, and see if Larry agrees with you.

The House Committee hearing transcript (3/16/07), Waxman speaking:

This hearing is being conducted in open session. This is appropriate, but it is also challenging. Ms. Wilson was a covert employee of the CIA. We cannot discuss all of the details of her CIA employment in open session. I have met with — personally with General Hayden, the head of the CIA, to discuss what I can and cannot say about Ms. Wilson’s service. And I want to thank him for his cooperation and help in guiding us along these lines.

My staff has also worked with the agency to assure these remarks do not contain classified information. I have been advised by the CIA, and that even now — after all that has happened — I cannot disclose the full nature, scope and character of Ms. Wilson’s service to our nation without causing serious damage to our national security interests. But General Hayden and the CIA have cleared these following comments for today’s hearing.

During her employment at the CIA, Ms. Wilson was undercover. Her employment status with the CIA was classified information, prohibited from disclosure under Executive Order 12958. At the time of the publication of Robert Novak’s column on July 14, 2003, Ms. Wilson’s CIA employment status was covert. This was classified information. Ms. Wilson served in senior management positions at the CIA in which she oversaw the work for other CIA employees and she attained the level of GS-14 — Step Six under the federal pay scale. Ms. Wilson worked on some of the most sensitive and highly secretive matters handled by the CIA. Ms. Wilson served at various times overseas for the CIA.

Without discussing the specifics of Ms. Wilson’s classified work, it is accurate to say that she worked on the prevention of the development and use of weapons of mass destruction against the United States. In her various positions at the CIA, Ms. Wilson faced significant risks to her personal safety and her life. She took on serious risks on behalf of our country. Ms. Wilson’s work in many situations had consequence for the security of her colleagues, and maintaining her cover was critical to protecting the safety of both colleagues and others.

The disclosure of Ms. Wilson’s employment with the CIA had several serious affects. First, it terminated her covert job opportunities with the CIA. Second, it placed her professional contacts at greater risk. And third, it undermined the trust and confidence with which future CIA employees and sources hold the United States. This disclosure of Ms. Wilson’s classified employment status with the CIA was so detrimental that the CIA filed a crimes report with the Department of Justice.

 
 

Comment by Sue | 2007-07-26 01:40:42

Ladies and Gentleman I’m afraid our country is in serious danger from within and not from outside forces. May the Lord have mercy upon us all.

That’s funny. I was thinking the same thing reading your post, but not for the same reasons.

Comment by anon paranoid | 2007-07-26 04:06:55

You seem too be spinning the same type of talk that the Nazi’s used when good German citizens spoke out against Hitler’s policies as he turned Germany into a genocide police state.

And what three covert agents are you talking about. Would that be Rove, Cheney and Libby?

 
 

Comment by Sue | 2007-07-26 02:47:16

Perhaps, Sue, you have a direct quote from the CIA (Vicky doesn’t count, she’s not in the CIA but merely a shill without facts) wheree they say she was not, and see if Larry agrees with you.

I realize it is hard to find direct quotes when they don’t exist, but thanks for trying to convince me Hayden made the claim he didn’t make. And Larry never agrees with me. On anything.

 

Comment by Sue | 2007-07-26 02:52:16

It’s funny, when you think about it. A person, not me, claimed it was a crime, and Hayden said so. It should be a simple matter of providing the quote from Hayden. Instead of turning it around and asking me to provide something where they didn’t say it. Proving what I’ve always known about the circular thinking around here.

Comment by rugger9 | 2007-07-26 18:29:23

I provided the committee text. Since you are all-seeing on these matters judging by your tone, you would know that when Rep Waxman reads a statement worked out in conjunction with Hayden to prevent inadvertant leakage, it really is Hayden speaking about what he can. He also hasn’t retracted it in any way, shape or form, nor has anyone in the White House. Their silence confirms the assertion. But, again, perhaps you have the direct quotes of someone in the WH that actually said she wasn’t covert.

How about the quote? Oh yeah, it doesn’t exist just like the straw man the RWers keep setting up.

 
 

Comment by Sue | 2007-07-26 02:57:11

All we need to know about whether or not it was crime under the IIPA is to look to Fitzgerald and the case that wasn’t. Armitage would have been a prime suspect if IIPA had been in play. And we all know the “folly of claiming that only the first one on in a gang rape is “the rapist”.” Even obstructing justice didn’t get Armitage included in that gang.

Comment by rugger9 | 2007-07-26 18:44:45

You draw the wrong conclusions. You only can see what supports the Rove talking points du jour. IIPA was in play, and it already clear that Armitage was one of many leakers, including Libby to Cooper and Miller. Nice try.

Fitzgerald was prevented from investigating the crime by Libby’s lies, and damn near got Rove. If it wasn’t for an offhand comment by Viveca Novak that prompted Rove to “remember” the Hadley email, we would have had at least two trials. As it was it took Rove five trips to the GJ to tell the truth.

Perhaps, Sue, you can regale us all with your top ten prosecutions, or maybe your top five, just to show how much you know about why prosecutors pursue cases. Libby was tried and convicted on lying and obstruction which prevented the investigation from continuing, by a jury of his peers. Fitz and Walton were both BushII appointees, and Fitz made a point about charging the case he could prove beyond reasonable doubt. He also told Congress in the followup press conference to do more digging.

The defense made a point of putting the finger on Cheney in their opening statement, but dropped it once they knew the commutation fix (allowing 5th amendment stonewalling)was in. The fact that Bush did so only for Libby (not Rita or anyone else) in flagrant violation of the sentencing guidelines, the commutation process through the pardon attorney as well as the prosecutor (who normally gets a call), and W’s own pardon guidelines which were just rammed through by Gonzo appropriate in the Rita case, and Rita had a far better public service record than Libby does as a political hack. The commutation by itself was an obstruction of justice for these reasons, and it remains one where Bush did so to cover his own tail by keeping Libby silent.

 
 

Comment by Sue | 2007-07-26 03:01:19

And I’ll be happy to take the “outing” of Valerie Plame seriously when you people take the actual outing of actual covert operatives seriously. Has Larry ever discussed the damage to those 3 operatives? Or don’t they matter? Of course they don’t, not to anyone around here. They were leaked because the VIPS didn’t like the mission they were on. It all depends on whose ox is being gored, I suppose.

 

Comment by Retired | 2007-07-26 03:26:02

I must’ve missed something (not the first time). What actual three covert operatives that were outed are being referred to?

 

Comment by Mr.Murder | 2007-07-26 10:23:11

They phished Plame’s capacity with Brewster.

Porter Goss knew her from the CIA and was the Republican senior ranking member of the INTEL Committee. He connected the dots.

Most likely via confirmation from the Senate President’s staff, were he not there personally.

Once it was known she was CIA the OVP phished her out further, she was too close to ARAMCO for Cheney’s liking.
This was a known known to bush from that point forward.

Then the actual trip to Africa by Bush on a six state speaking tour to drum up war support. The NSA allowed access to communcations clearly marked classified by persons not authorized.

The NSA allowed Peter Jennings to travel alongside the President on the tour. Bush of course visited many friends in the energy field on the tour, its point people and handlers on the ground all worked under Liz Cheney in the Dep’t of Near East. That included of course dealings with matters from Niger and other nuclear material source countries.

Searches of “Jennings” “Africa” “Middle East” “Energy/Oil” would turn up items past page page 100 on the two largest Western search engines in use at said time. Memos and PR listing for said front.

The front company itself, its existence, was not the issue.

Its use in connection to the Intelligence Community was. Rove was pushing talking points through Novak daily on CNN Crossfire. Goss was a guest on the week of Plame’s outing. Novak was imitating circumstance in mentioning items which could be phished in their context with the talking points and headlines of said six state trip.

The NSA damned well knew better, but after all the media is just a bunch of old boy network types. Jennings wanted to travel along and enable this New American Century for some reason, probably just a sentimental streak of his in facing the waning days of cancer. What’s a little coincidence between friends?

After all, not many of the little people watch things like this too closely. What’s the confidence of friends compared to our nation’s security anyways?

CNN scrubbed its comments section for Crossfire almost immediately thereafter.

 

Comment by taters | 2007-07-26 13:42:15

Retired,
I would rate that source having as having the same credibility as Curveball. Maybe less.

 

Comment by Sue | 2007-07-27 00:24:26

I must’ve missed something (not the first time). What actual three covert operatives that were outed are being referred to?

You mean Larry didn’t write about them? For shame. Are they not as important as our gal Val? The front company they worked for was also outed, but again, not as important as B&J. Priorities, my friend. Priorities. The Bush administration wasn’t involved in that leak.

 

Comment by Sue | 2007-07-27 00:26:15

Retired,
I would rate that source having as having the same credibility as Curveball. Maybe less.

Are you claiming the LA Times wrote a bogus story? Possible. Wouldn’t be the first time.

 

Comment by Chris Vosburg | 2007-07-27 00:31:45

Sue responds, well not quite, but at least pushes the keys: You do know what ‘gang rape’ is, don’t you?

[deep breath] That’s it? That’s your response, to pretend to wonder if I know what I’m saying?

Okay. Okay, fine. Kiss your pretense to humanity down the river, Sue, along with the last vestiges of your self-respect, your morality, and your sense of shame. There obviously isn’t any aspect of your own character that you regard worthwhile enough to not jettison in defense of these monstrous people.

I couldn’t be more disgusted. What do you have left of yourself to discard in their defense? Anything?

 

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