Court Papers: Valerie Plame Was Still Covert

[bigtree]

Newspeak:

Feb. 13, 2006 issue - Newly released court papers could put holes in the defense of Dick Cheney's former chief of staff, I. Lewis (Scooter) Libby, in the Valerie Plame leak case. Lawyers for Libby, and White House allies, have repeatedly questioned whether Plame, the wife of White House critic Joe Wilson, really had covert status when she was outed to the media in July 2003. But special prosecutor Patrick Fitzgerald found that Plame had indeed done "covert work overseas" on counterproliferation matters in the past five years, and the CIA "was making specific efforts to conceal" her identity, according to newly released portions of a judge's opinion. (A CIA spokesman at the time is quoted as saying Plame was "unlikely" to take further trips overseas, though.) Fitzgerald concluded he could not charge Libby for violating a 1982 law banning the outing of a covert CIA agent; apparently he lacked proof Libby was aware of her covert status when he talked about her three times with New York Times reporter Judith Miller. Fitzgerald did consider charging Libby with violating the so-called Espionage Act, which prohibits the disclosure of "national defense information," the papers show; he ended up indicting Libby for lying about when and from whom he learned about Plame.


The new papers show Libby testified he was told about Plame by Cheney "in an off sort of curiosity sort of fashion" in mid-June—before he talked about her with Miller and Time magazine's Matt Cooper. Libby's trial has been put off until January 2007, keeping Cheney off the witness stand until after the elections. A spokeswoman for Libby's lawyers declined to comment on Plame's status.

—Michael Isikoff

http://www.msnbc.msn.com/id/11179719/site/newsweek/

[LiviaOlivia]

1. Dow Jones & Co(parent Co of the WSJ ) filed the suit

on behalf of the WSJ editorial board. Looks like it came back and bit them in the ass.:rofl:


from the Novemver 2005 WSJ lawsuit announcement:

Fitzgerald's Eight Pages
Let's unseal the reason he put Miss Run Amok in jail.

Friday, November 4, 2005 12:01 a.m. EST

Apart from Scooter Libby, the biggest loser by far in the Patrick Fitzgerald probe has been the press. The "leak" investigation that every liberal editorial board demanded has already sent one reporter to jail, and the damage is only going to get worse.

~snip~

Rather than join this parade of masochism, we thought we'd try to speed things along, as well as end one of the remaining mysteries in the probe. That's why Dow Jones & Co., this newspaper's parent company, filed a motion late Wednesday requesting that the federal district court unseal eight pages of redacted information that Mr. Fitzgerald used to justify throwing Judith Miller of the New York Times in the slammer. The pages were part of Judge David Tatel's concurring opinion in the ruling against Ms. Miller and Time magazine's Matthew Cooper. Judge Tatel said the eight pages showed that, with his "voluminous classified filings," Mr. Fitzgerald had "met his burden of demonstrating that the information is both critical and unobtainable from any other source."

The pages remain sealed, but now that Mr. Fitzgerald has indicted Mr. Libby and said "the substantial bulk" of his probe is "completed," there's no reason to keep those pages secret. The indictment itself discloses the nature and "major focus" of Mr. Fitzgerald's grand jury probe, including the fact that Valerie Plame worked for the CIA. The special counsel's own extensive public discussion of the facts in the case should also have vitiated any protection from disclosure under grand jury rule of evidence 6(e). Future prosecutors and judges trying to decide whether to throw a reporter in jail should be able to inspect the evidence in this case, which will be an influential precedent.Unsealing the eight pages would also help put to rest the wilder "conspiracy" claims that continue to circulate about the case. Residents of the Internet fever swamps can now point to the sealed pages and say, aha!, dark secrets are being covered up. As the Dow Jones motion notes, the D.C. Circuit has ruled in an earlier case that "contemporaneous access" to information is vital "to the public's role as overseer of the criminal justice process."

Beyond this motion, we think Mr. Fitzgerald also has a broader duty, as well as some self-interest, in wrapping his probe up quickly. By keeping the case open even though his grand jury has been shut down, he keeps a cloud over the Bush Administration and hampers its ability to function. If after two years of digging he hasn't found any other crimes, he has an obligation to close up shop. As for his own self-interest, Mr. Fitzgerald is going to have a hard enough time proving that Mr. Libby lied based largely on the testimony of three journalists. This is something all libel lawyers understand, and they get to spend weeks preparing reporters under the cloak of attorney-client privilege.

~snip~

http://www.opinionjournal.com/editorial/feature.html?id=110007504

They took Judy's side and won the battle(papers released) but lost the war. So did Scooter and his overlords.