A few questions about the Libby trial.

[hiaasenrocks]

I thought I was following pretty closely, but maybe not. The Libby trial and the Iraqi Civil War are two of the main reasons I follow things here at DU. So help me out, please.

Fitz said today that there is no question that Plame's association with the CIA was "classified." Does that not meet the definition of "covert"? Is that the reason no one has been charged?

That's the only thing I can come up with because we know two things, at least: 1) Her relationship was classfied, and 2) someone outed her.

Why wasn't Armitage charged? Why wasn't Cheney? How far were these guys investigated?

I am honestly feeling pretty ambivalent about the verdict today. Yes, Libby was convicted of crimes we all know he committed. Yes, this adds, somewhat, to the political pressure on the White House. But am I alone in feeling as though this didn't go as far as it should have?

I was really convinced that this would go all the way to Cheney, especially when the indictment was released and I read it. It appeared that the plot was clear at the time: Cheney was behind it all.

Enough rambling thoughts for now. I'll appreciate anyone's insight here.

[emulatorloo]

1. "Why wasn't Armitage charged? Why wasn't Cheney?"

Armitage -- because I believe he fully cooperated with Fitzgerald from the get go

Cheney -- because Libby won't come clean about his conversations with Cheney -- maybe now that he is a convicted Felon, his family might have some influence on getting him to flip.

[ray of light]

2. very simple. He went for the sure win. You don't mess around with

risky trials when you're dealing with people like this who own the media and who will rub a loss in your face and use it as an excuse to do 1000x more damaging stuff.

[napi21]

3. Rememberwhen Cheney said the Presidentgave HIM

declassification priveleges? It's been quite a while ago, and it was on a TV interview. I believe it was confirmed by the President as well.

That's the reason Cheney has not been charged.

I think it'sreasonably apparent that Cheney is the person who first spoke Valerie's namealong with her position at the CIA and her relationship to Joe Wilson. All Cheney would have to say is that "I declassified her status information before I released it to anyone, and no one could prove any different.

Armitage may have been the first to disclose the info to reporters, but he had to get it from someone, and I'd bet it was Cheney.

[Me.]

4. It Was Illegal To Reveal Her Identity

Proving it in a court of law is another matter. At least twice Fitzgerald has referred to sand being kicked in the face of the umpire, by which he meant obstruction. Also, the statue is worded so that people who out an agent have to know that they are committing an illegal act and do it deliberately.

Fitzgerald would need Scooter's testimony to get the shooter, and so far he is falling on his sword. Also, Waas has indicated that Libby/Rove/Novak were in cahoots but unless one of them agrees to spill the beans on the other 2, it will go nowhere. As for Armitage, he came forward of his own volition and told Fitzgerald what he did and knew. Given the requirements of the statue, it's likely an Armitage prosecution wouldn't have gone anywhere. It was always reported that he was "gossiping" rather than intending to wreak damage or seek revenge as the OVP was.

[sinkingfeeling]

5. Here's what Larry Johnson has as definitions ..

“(4) The term “covert agent” means- (A) a present or retired officer or employee of an intelligence agency or a present or retired member of the Armed Forces assigned to duty with an intelligence agency-

“(i) whose identity as such an officer, employee, or member is classified information, and

“(ii) who is serving outside the United States or has within the last five years served outside the United States; or”


The remaining category of employee is covert. Covert employees include people who work under “official cover” and people who work under “non-official cover”. A former CIA officer, Tom Gilligan, discussed both types of cover in his book CIA Life: 10,000 Days With the Agency. Official cover means the employee can say that he or she works for the United States Government, e.g. State Department, but at no time do you admit publicly that you work for the CIA. You get the added benefit of carrying an official or diplomatic passport. If you get caught overseas engaged in intelligence activity it means you have diplomatic immunity and the equivalent of a get out of jail free card.

Non official cover or NOC also is covert but is more sensitive (and dangerous). A NOC does not work for the U.S. Government. A NOC does not have an official or diplomatic passport. A NOC works for a business or organization with no tie to the U.S. Government. If you are caught overseas while conducting espionage activities as a NOC you are screwed. You do not get a jail out of free card. You remain in jail or may be executed.

http://fighting-dems.us/Newsletter/2007/03/01/was-she-covert/