In From the Cold, Delaware Watch and Tom Maguire (there's more, keep scrolling) are all talking about the Libby/Plame investigation. I think there's a clear line here and Dana isn't seeing the forest for the trees. I don't think he's a dishonest guy he's just salivating at anything that will damage the President and his administration.
What's clear to me, is that Fitzgerald has an uphill battle at best in trying to get Libby on violation of IIPA. He cannot and will not produce substantive evidence that Plame was covert at the time of her "outing" (or in the 5 years prior), nor a damage assessment (which are required in such breaches). He flatly told Libby's counsel that they're not getting them and they're not germane to the case at hand.
Spook86 makes an entirely different contention: The President and Vice President have the inherent authority to discuss any classified matter and make it unclassified. I was totatlly unaware of this. If true, Libby can point at Cheney all he wants and there's nothing anyone can do about it. I would say it is certainly unwise to "out" covert operatives and such immunity could easily be used as a club to beat political opponents.
In my estimation, Plame wasn't covert in any meaningful sense. Fitzgerald was carried by inertia toward an indictment of someone for something. He really wanted to get someone for blowing Plame's cover. Now that he can't do that, he has to get something to save face. In the end, Libby will likely get a slap on the wrist.
What's clear to me, is that Fitzgerald has an uphill battle at best in trying to get Libby on violation of IIPA. He cannot and will not produce substantive evidence that Plame was covert at the time of her "outing" (or in the 5 years prior), nor a damage assessment (which are required in such breaches). He flatly told Libby's counsel that they're not getting them and they're not germane to the case at hand.
Spook86 makes an entirely different contention: The President and Vice President have the inherent authority to discuss any classified matter and make it unclassified. I was totatlly unaware of this. If true, Libby can point at Cheney all he wants and there's nothing anyone can do about it. I would say it is certainly unwise to "out" covert operatives and such immunity could easily be used as a club to beat political opponents.
In my estimation, Plame wasn't covert in any meaningful sense. Fitzgerald was carried by inertia toward an indictment of someone for something. He really wanted to get someone for blowing Plame's cover. Now that he can't do that, he has to get something to save face. In the end, Libby will likely get a slap on the wrist.
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