Definition of covert agent.
50 U.S § 426. Definitions
For the purposes of this subchapter:
. . .
(4) The term “covert agent” means—
(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
(B) a United States citizen whose intelligence relationship
to the United States is classified information, and -
(i) who resides and acts outside the United States as an
agent of, or informant or source of operational assistance
to, an intelligence agency, or
(ii) who is at the time of the disclosure acting as an
agent of, or informant to, the foreign counterintelligence or
foreign counterterrorism components of the Federal Bureau of
Investigation; or
(C) an individual, other than a United States citizen, whose
past or present intelligence relationship to the United States
is classified information and who is a present or former agent
of, or a present or former informant or source of operational
assistance to, an intelligence agency.
http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=50&sec=426Section 421. Protection of identities of certain United States undercover intelligence officers, agents, informants, and sources
(a) Disclosure of information by persons having or having had
access to classified information that identifies covert agent
Whoever, having or having had authorized access to classified
information that identifies a covert agent, intentionally discloses
any information identifying such covert agent to any individual not
authorized to receive classified information, knowing that the
information disclosed so identifies such covert agent and that the
United States is taking affirmative measures to conceal such covert
agent's intelligence relationship to the United States, shall be
fined under title 18 or imprisoned not more than ten years, or
both.
(b) Disclosure of information by persons who learn identity of
covert agents as result of having access to classified
information
Whoever, as a result of having authorized access to classified
information, learns the identify of a covert agent and
intentionally discloses any information identifying such covert
agent to any individual not authorized to receive classified
information, knowing that the information disclosed so identifies
such covert agent and that the United States is taking affirmative
measures to conceal such covert agent's intelligence relationship
to the United States, shall be fined under title 18 or imprisoned
not more than five years, or both.
(c) Disclosure of information by persons in course of pattern of
activities intended to identify and expose covert agents
Whoever, in the course of a pattern of activities intended to
identify and expose covert agents and with reason to believe that
such activities would impair or impede the foreign intelligence
activities of the United States, discloses any information that
identifies an individual as a covert agent to any individual not
authorized to receive classified information, knowing that the
information disclosed so identifies such individual and that the
United States is taking affirmative measures to conceal such
individual's classified intelligence relationship to the United
States, shall be fined under title 18 or imprisoned not more than
three years, or both.
(d) Imposition of consecutive sentences
A term of imprisonment imposed under this section shall be
consecutive to any other sentence of imprisonment.
http://caselaw.lp.findlaw.com/casecode/uscodes/50/chapters/15/subchapters/iv/sections/section_421.htmlIt is a defense to a charge of violation of this provision if the identity of the covert agent was publicly known.
As I recall, Plame stated that she was
(A) a present or retired . . . employee of an
intelligence agency . . . 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;
Victoria Toensing claims that Plame was not a covert agent based on her knowledge of the legislative history and intent of the Act. Apparently she claims to have been a party to the drafting of the statute.
Under the plain language of the statute, it would appear that Plame was a covert agent. Did I miss something?