Reply #87: Here's what Novak wrote

[TomClash]

Wilson never worked for the CIA, but his wife, Valerie Plame, is an Agency operative on weapons of mass destruction. Two senior administration officials told me Wilson's wife suggested sending him to Niger to investigate the Italian report. The CIA says its counter-proliferation officials selected Wilson and asked his wife to contact him. "I will not answer any question about my wife," Wilson told me.

"Agency operative" means someone who works in Operations - case officers whose identity is not usually revealed.

The key is NOT whether the informant intended to break the law - he doesn't even have to know it existed - though that's hard to believe since you are briefed on the confidentiality rules rather well when you have security clearance. He had to intend that Valerie Plame's identity be revealed.

Fitzgerald has to prove

1) Defendant intended to tell Novak (easy if Novak testifies to this)
2) Defendant had access to info that Plame was covert (easy if he is a WH staffer)
3) Plame was actually covert (easy - she was abroad within the last 5 years and her id was classified)
4) Defendant knew US was concealing her ID (She's in CIA Operations and they asked for the investigation)

If I were his counsel I would try to argue that he did not know her ID was classified. The Gov't will argue that if he had access to the information then that's all they need.