It's the CONSPIRACY, stupid!

[LunaC]

CONSPIRACY - 18 U.S.C. 371 makes it a separate Federal crime or offense for anyone to conspire or agree with someone else to do
something which, if actually carried out, would amount to another Federal crime or offense. So, under this law, a 'conspiracy' is an
agreement or a kind of 'partnership' in criminal purposes in which each member becomes the agent or partner of every other member.

In order to establish a conspiracy offense it is not necessary for the Government to prove that all of the people named in the indictment were members of the scheme; or that those who were members had entered into any formal type of agreement; or that the members had planned together all of the details of the scheme or the 'overt acts' that the indictment charges would be carried out in an effort to commit the intended crime.

Also, because the essence of a conspiracy offense is the making of the agreement itself (followed by the commission of any overt act), it is not necessary for the Government to prove that the conspirators actually succeeded in accomplishing their unlawful plan.

What the evidence in the case must show beyond a reasonable doubt is:

First: That two or more persons, in some way or manner, came to a mutual understanding to try to accomplish a common and unlawful plan, as charged in the indictment;

Second: That the person willfully became a member of such conspiracy;

Third: That one of the conspirators during the existence of the conspiracy knowingly committed at least one of the methods (or 'overt
acts') described in the indictment; and

Fourth: That such 'overt act' was knowingly committed at or about the time alleged in an effort to carry out or accomplish some object of the conspiracy.

An 'overt act' is any transaction or event, even one which may be entirely innocent when considered alone, but which is knowingly
committed by a conspirator in an effort to accomplish some object of the conspiracy.

-snip_

Conspiracies against individuals are such as have a tendency to injure them in their persons, reputation, or property. The remedy in these cases is either by indictment or by a civil action.

http://www.lectlaw.com/def/c103.htm

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From Novak's July 14, 2003 column outing Plame:

"Two senior administration officials told me Wilson's wife suggested sending him to Niger to investigate the Italian report"

http://www.townhall.com/columnists/robertnovak/rn20030714.shtml

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"Rove told (reporter) Cooper that Wilson's trip had not been authorized by "DCIA"—CIA Director George Tenet—or Vice President Dick Cheney. Rather, "it was, KR said, wilson's wife, who apparently works at the agency on wmd issues who authorized the trip."

http://msnbc.msn.com/id/8525978/site/newsweek

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Published on Wednesday, July 16, 2003 by the lndependent/UK

"Joseph Wilson, a former US ambassador, said he was asked by the CIA to go to Niger and investigate the claim in a request from the Vice-President's office."

http://www.veteransforpeace.org/Cheney_under_pressure_071603.htm

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Rove knew Plame had nothing to do with Wilson's trip and there was no reason to be discussing her for any reason. In his attempt to discredit Wilson's assertions against the Admin, Rove tried to paint Plame and Wilson as unsanctioned "rogues" . Yet he revealed to Cooper that "Wilson's wife" worked at the CIA on wmd issues. He knew who really authorized the trip and he had to have known Plame's position with the Agency to "sell" her involvement to various reporters with plausability.

The bottom-line: At least two senior administration officials conspired to injure the reputation of Wilson and Plame by intentionally "leaking" their purported collusion to six different reporters.. As indicated above, the remedy is indictment.

[autorank]

1. Great post!!!

:yourock:

This is a great analysis. In addition to "the conspiracy" in general, there's Dean's point on Watergate charges -- "conspiracy to defraud the US Government"...working with at least one other to not do your job. Oops. Going down Karl.

The other favorite of mine is "perjury" ... lying about a national security issue is surely much more significant than about sex. Let's see the hypocrites like Lindsay Graham defend sitting this one out if KR has lied.

As I read this, I think that Novak is in for a real surprise. He may have thought he was twice as smart as Fitzgerald but, on the other hand, Fitzgerald may have just taken a deposition and though, "What a dumb shit, we'll indict him first."

We'll see.

[LunaC]

2. bumping this back to page 1

Self-serving, yes, but there's an important point here that many may be missing.