wilbill said:
According to the Intelligence Identities Protection Act of 1982 (pushed by then Vice President and former CIA Director, George H.W. Bush and signed by President Reagan), it's a crime for anyone who has access to classified information to disclose information identifying a covert agent. The punishment for such an offense is a fine of up to $50,000 and/or up to ten years in prison. Journalists are protected from prosecution, unless they engage in a "pattern of activities" to name agents in order to impair US intelligence activities.
1. Just because something is the law doesn't make it right. Think about this and you'll see why (hint: Germany, Iran, Soviet Union, the list is rather long and includes many present-day countries)
2. It's not clear she was even a "covert agent." The law is untested. Some people persist in thinking that she was some James-Bond style operative, but SHE WAS JUST AN ANALYST, WORKING AT A DESK JOB (See the end of my post for the facts)
3. The investigation has turned into a perjury investigation (I believe that's what TIME magazine reported and they should know something about it) and this law is "untested."
The right wing blogs have been saying that "everyone knew" she was CIA, but that don't make it true. If "everyone knew" why did Robert Novak need a leak from the White House?
He didn't get a leak of that kind from the White House or anyone else and his original story was not even about the leak or her being CIA. That wasn't the main thrust of the story. And when people say "everyone knew" they don't mean literally every single person on the face of the planet and they also do not necessarily mean knowing something for certain and on solid grounds. See the end of my post for the facts about how this was not much of a secret in Washington circles.
It's been speculated, not reported as fact.
It has been speculated as fact by TIME magazine, I believe.
Facts will be known when the indictments, if any, are made public.
Some facts may never be known.
Do you think anyone should ever go to jail?
People who commit grievous crimes should go to jail.
Do you think it's okay to lie to the police or the FBI when they're conducting an investigation?
I don't think it's OK unless it's not really lying but just misleading, BUT I don't think anyone should go to jail for that. EVERYONE lies. Probably, more lies have been told in human history then there are atoms in the corporeal universe. Some people lie to their parents. Some people lie to their girlfriends. Some people lie to their grandmothers. Some people lie to the police. Some people lie to their lawyers. The only time someone should go to jail for lying is if they LIE UNDER OATH (and even then if the lie is a tiny one that doesn't affect things in a great way, then they shouldn't go to jail or maybe only go to jail for a few days or something ... like for example if a woman lies about her weight while on the stand or something and her weight isn't at all critical to the case

)
Did you defend James and Susan McDougall and Jim Guy Tucker when they were prosecuted as a result of White Water testimony?
Um no, but I didn't attack them either and I don't think I even know who Jim Guy Tucker is ... I can't defend someone I don't even know. With regard to Susan McDougall (she's the lady who spent months in jail for not testifying right?), I feel badly for her and think that she may have had pressure applied to her to not testify. It happens in cases involving the Mafia and it might very well happen in cases involving you know who.
Or is it only okay for Republicans to lie to investigators?
I didn't even know that Martha Stewart was a Republican? Is she? I defended Winona Ryder (an actress who got a harsh sentence of probation for some frivolous shoplifting) also and I don't think she is a Republican (though she might be).
True enough.Several states have a "reporter shield law" which would allow reporters to refuse to name their sources, at least under some circumstances. The Federal government has no such law. There is no constitutional right allowing reporters to hold back names of sources to an investigation.
Just because a right isn't recognized by the law, doesn't mean it doesn't exist. Reporters have a MORAL RIGHT to hold back names of sources whether the law recognizes this or not. The law doesn't determine what's right or wrong. Hopefully, the law conforms to what's right and wrong, but it doesn't always do that perfectly.
The 5th amendment protects against self incrimination. Since we've already established that the reporters aren't covered by the "outing" law, he can't plead the 5th because he's not being asked to incriminate himself.
I don't think they are covered, but maybe some other people think they are.
Now here's what ROBERT NOVAK wrote that should clear everything up:
Robert Novak said:
I had thought I never again would write about retired diplomat Joseph Wilson's CIA-employee wife, but feel constrained to do so now that repercussions of my July 14 column have reached the front pages of major newspapers and led off network news broadcasts. My role and the role of the Bush White House have been distorted and need explanation.
The leak now under Justice Department investigation is described by former Ambassador Wilson and critics of President Bush's Iraq policy as a reprehensible effort to silence them. To protect my own integrity and credibility, I would like to stress three points. First, I did not receive a planned leak. Second, the CIA never warned me that the disclosure of Wilson's wife working at the agency would endanger her or anybody else. Third, it was not much of a secret.
The current Justice investigation stems from a routine, mandated probe of all CIA leaks, but follows weeks of agitation. Wilson, after telling me in July that he would say nothing about his wife, has made investigation of the leak his life's work -- aided by the relentless Sen. Charles Schumer of New York. These efforts cannot be separated from the massive political assault on President Bush.
This story began July 6 when Wilson went public and identified himself as the retired diplomat who had reported negatively to the CIA in 2002 on alleged Iraq efforts to buy uranium yellowcake from Niger. I was curious why a high-ranking official in President Bill Clinton's National Security Council (NSC) was given this assignment. Wilson had become a vocal opponent of President Bush's policies in Iraq after contributing to Al Gore in the last election cycle and John Kerry in this one.
During a long conversation with a senior administration official, I asked why Wilson was assigned the mission to Niger. He said Wilson had been sent by the CIA's counterproliferation section at the suggestion of one of its employees, his wife. It was an offhand revelation from this official, who is no partisan gunslinger. When I called another official for confirmation, he said: "Oh, you know about it." The published report that somebody in the White House failed to plant this story with six reporters and finally found me as a willing pawn is simply untrue.
At the CIA, the official designated to talk to me denied that Wilson's wife had inspired his selection but said she was delegated to request his help. He asked me not to use her name, saying she probably never again will be given a foreign assignment but that exposure of her name might cause "difficulties" if she travels abroad. He never suggested to me that Wilson's wife or anybody else would be endangered. If he had, I would not have used her name. I used it in the sixth paragraph of my column because it looked like the missing explanation of an otherwise incredible choice by the CIA for its mission.
How big a secret was it? It was well known around Washington that Wilson's wife worked for the CIA. Republican activist Clifford May wrote Monday, in National Review Online, that he had been told of her identity by a non-government source before my column appeared and that it was common knowledge. Her name, Valerie Plame, was no secret either, appearing in Wilson's "Who's Who in America" entry.
A big question is her duties at Langley. I regret that I referred to her in my column as an "operative," a word I have lavished on hack politicians for more than 40 years. While the CIA refuses to publicly define her status, the official contact says she is "covered" -- working under the guise of another agency. However, an unofficial source at the Agency says she has been an analyst, not in covert operations.
The Justice Department investigation was not requested by CIA Director George Tenet. Any leak of classified information is routinely passed by the Agency to Justice, averaging one a week. This investigative request was made in July shortly after the column was published. Reported only last weekend, the request ignited anti-Bush furor.
"analyst" means someone who has a desk job analyzing data with computers and stuff like that.
http://www.townhall.com/columnists/robertnovak/rn20031001.shtml