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Old 07-18-08, 12:37 PM   #23 (permalink)
section eight
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Re: Bush claims privilege to withhold CIA leak records

Quote:
Originally Posted by Binary_Digit View Post
1. Karl Rove talked about Palme with Matt Cooper, not Novak.
2. Scooter Libby talked about Plame with Judith Miller, not Novak.
3. The statement "once Armitage leaked the name no further leakage could occur" is absurd.
No it's not it's called the law, you can't leak someones name which has already been leaked.


Quote:
Again that doesn't matter one bit. Her employment at the CIA was classified.
Doesn't matter once her name was leaked it was leaked it can not be unleaked and once its leaked no other people can be held legally liable for leaking it. Besides you have no evidence that either Rove or Libby leaked the name because they only confirmed Armitage's story, and Armitage isn't guilty because the CIA leaked her name long ago.

Quote:
She had been covert in the last 5 years. The CIA was taking specific steps to conceal her identity. It was against the law to reveal her name and employment at the CIA. It's really that simple.
You don't have a clue what you're talking about, once her name was leaked by the CIA to the Cubans through the Swiss embassy in Havana no law could be broken by revealing her name (see section 422 of title 50, U.S. Code).

Quote:
Section 422. Defenses and exceptions

(a) Disclosure by United States of identity of covert agent
It is a defense to a prosecution under section 421 of this title
that before the commission of the offense with which the defendant
is charged, the United States had publicly acknowledged or revealed
the intelligence relationship to the United States of the
individual the disclosure of whose intelligence relationship to the
United States is the basis for the prosecution.
(b) Conspiracy, misprision of felony, aiding and abetting, etc.
(1) Subject to paragraph (2), no person other than a person
committing an offense under section 421 of this title shall be
subject to prosecution under such section by virtue of section 2 or
4 of title 18 or shall be subject to prosecution for conspiracy to
commit an offense under such section.
(2) Paragraph (1) shall not apply (A) in the case of a person who
acted 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, or (B) in the case of a person who
has authorized access to classified information.
(c) Disclosure to select Congressional committees on intelligence
It shall not be an offense under section 421 of this title to
transmit information described in such section directly to either
congressional intelligence committee.
(d) Disclosure by agent of own identity
It shall not be an offense under section 421 of this title for an
individual to disclose information that solely identifies himself
as a covert agent.


http://caselaw.lp.findlaw.com/caseco...ction_422.html
So either the CIA first leaked the name, or Armitage first leaked the name, either way Rove and Libby are off the hook.
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