Whoever...discloses ANY information identifying such covert agent...

[StefanX]

50 USC 421(b)

Whoever, as a result of having authorized access to classified information, learns the identity 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 not more than $25,000 or imprisoned not more than five years, or both.

-- Atrios

Hmm... so I guess that blows Rove's defense about "I didn't say her name, I just said she was Wilson's wife".

Whatcha gonna say now Rove? You thought Wilson was a polygamist?

[Nicholas D Wolfwood]

1. But here's the part you need to focus on

as a result of having authorized access to classified information

Rove has authorized access. Therefore, there is no way to prove he did not know Plame was undercover, and furthermore, having the access to this information, Rove should have taken steps to ensure that he was not, in fact, outing a covert agent.

[wtmusic]

5. There is no way to prove he did have access

Just because he has a security clearance doesn't mean he knows the status of every CIA agent on record. Innocent until proven guilty.

What's interesting here is that if Rove was not authorized to have the information, then whoever told him is on the hook for revealing Plame's identity.

[Cessna Invesco Palin]

8. "then whoever told him is on the hook for revealing Plame's identity"

And if he wasn't authorized, and thus not guilty of a crime, he is obliged to tell the court who told him. No fifth amendment invocation allowed, as he's not being prosecuted.

[Nicholas D Wolfwood]

9. Security clearance IS access.

And while he may or may not know off the top of his head the status of every agent, having access to the information, he had a responsibility to ensure that he was not in violation of the law.

[JDPriestly]

10. Generally, in criminal law,

the "knowingly" or "knowing" element includes what a person should have known. Rove should have known that whether Plame was under cover before talking about her in public. He could have asked someone before outing her. He was thinking about the expedient political strategy at that moment and not about his duty as a White House staff member with some sort of security clearance.

[wtmusic]

11. Arguing that Rove should have known

is a weak argument. A stronger tack, IMO, is to show that he knew by his actions--exploit the fact that there was a motive and a pattern.

[JDPriestly]

13. That is also quite good, if it works.

The should have known argument, however, is a fall-back that would probably work well here -- depending on the jury and the judge, Rove's lawyer and the facts.

[struggle4progress]

16. Under IIPA, a pattern of disclosure behavior suffices, whether or not ..

.. the person has access to classified info: in fact, it's illegal to use info already known to the public to expose a covert agent ...

[wtmusic]

2. Where he will try to loophole this

he didn't know that the "United States is taking affirmative measures to conceal such covert agent’s (Plame's) intelligence relationship to the United States." He didn't know that her identity was secret.

It won't work, because Fitzgerald will show a pattern and a motive.

[warrens]

3. I think that nails it

Rove admits he told Cooper. Cooper is not authorized to receive classified information. Case closed.

[WLKjr]

4. nominated and kicked

I believe this should be shouted from the rooftops eh'!

[Toots]

6. "as a result of having authorized access to classified information"

When this took place Rove had no Security clearance at all. He was not a part of the Bush* Administration so did not qualify for one. He was only Bush*'s Political Advisor. Now he is a part of the Administration as Deputy Chief of Staff and has been given Security Clearance but it should be immediately revoked until further investigation IMO.

[lostnfound]

7. Good digging. Also, another defense that won't work:

"I didn't know she was undercover."

Getting highest level security clearance has to carry a responsibility with it. Everytime you open your mouth you must think: "Is what I'm about to say classified or not classified?" To say "I didn't know what I was doing" when you have the highest clearance possible is absurd.

Either Rove learned about Plame through classified channels -- and therefore knew she was undercover and he disregarded it -- or he learned about it through nonclassified channels, in which case this is the sloppiest administration ever when it comes to national security.

Come to think of it,the fact that Rove was previously fired by Bush I for leaking information to Novak should have made him ineligible for Chief Advisor. Why didn't the media and Democratic congresspeople focus on that?

[wtmusic]

12. And if he learned it through nonclassified channels

then someone else (higher up?) is guilty of the same crime

[DeepModem Mom]

14. kick

[snot]

15. Hold it--shall be fined not more than $25K? Chump change! . . .

or shd I say chimp change.