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(CNN) Should Plame sue Rove?

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truthpusher Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-29-05 12:53 PM
Original message
(CNN) Should Plame sue Rove?
http://www.cnn.com/2005/LAW/07/29/sebok.rove2/index.html?section=cnn_latest

Should Plame sue Rove?
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By Anthony J. Sebok
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FindLaw columnist
Special to CNN.com
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(snip)

Why discovery could happen

In my last column, I noted that it would be difficult for Plame to sue Karl Rove, or any White House aide, in his individual capacity, unless she could show that her constitutional rights were knowingly violated or that she was harmed by a knowing violation of a federal law.

However, if Plame were willing to sue the federal government under the Federal Tort Claim Act (FTCA), she would have an easier time framing a lawsuit that would survive a motion to dismiss.

Under the FTCA, the federal government allows itself to be sued for certain torts which were committed by its employees in the scope of their employment.

Given the amorphous nature of a White House aide's "job," it would not be hard to imagine that speaking to the press clearly falls within the scope of the employment of Rove or anyone at the White House who may have spoken to the media with the goal of raising Plame's identity as a CIA agent.

Possible pitfall

If Plame sued Rove or any other White House aide for redress under the tort laws of the District of Columbia, she would have to confront the "discretionary function exception."

(snip)



complete story: http://www.cnn.com/2005/LAW/07/29/sebok.rove2/index.html?section=cnn_latest
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still_one Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-29-05 01:11 PM
Response to Original message
1. Here is the problem
I am a strong believer that there will be indictments, and Rove will be one of those indicted

Unfortunately, I also believe the bush will pardon all involved before the case is even tried
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hang a left Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-29-05 01:16 PM
Response to Original message
2. I am sure Mrs. Wilson has been fully informed of all her options.
eom
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KoKo Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-29-05 04:47 PM
Response to Original message
3. Good to see this! John Dean of "Find Law" urged Wilson/Plame to
go for a "civil suit" rather than the way they went. He said that the "discovery" process would be easier and you could get the Bushies to release more info. He was suggesting that the "other angles" to this case could be pursued and he thought it might be quicker. Wilson's decided to go with Fitz...but they still have this alternative which would make things VERY interesting!

Remember how Paula Jones pursued Bush? There's a door there that was opened with that case that just might mean that the Wilsons can keep this going until the last bit of truth comes out.

If ONLY WE HAD a MEDIA that reported the TRUTH. sigh.........

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