Setting aside (for the moment) the complex requirements for prosecution under the
Intelligence Identities And Protection Act, there's a leak-conviction precedent, one that was meant to be an "example of how the Bush Administration would handle leakers"...one that does not bode well for Turd Blossom.
It Appears That Karl Rove Is In Serious Trouble By JOHN W. DEAN July 15, 2005
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The Randel Precedent -- If Followed -- Bodes Ill For RoveKarl Rove may be able to claim that he did not know he was leaking "classified information" about a "covert agent,"
but there can be no question he understood that what he was leaking was "sensitive information." The very fact that Matt Cooper called it "double super secret background" information suggests Rove knew of its sensitivity, if he did not know it was classified information (which by definition is sensitive).
United States District Court Judge Richard Story's statement to Jonathan Randel, at the time of sentencing, might have an unpleasant ring for Karl Rove. Judge Story told Randel that he surely must have appreciated the risks in leaking DEA information. "Anything that would affect the security of officers and of the operations of the agency would be of tremendous concern, I think, to any law-abiding citizen in this country," the judge observed. Judge Story concluded this leak of sensitive information was "a very serious crime."
"In my view," he explained, "it is a very serious offense because of the risk that comes with it, and part of that risk is because of the position" that Randel held in the DEA.
But the risk posed by the information Rove leaked is multiplied many times over; it occurred at a time when the nation was considering going to war over weapons of mass destruction. And Rove was risking the identity of, in attempting to discredit, a WMD proliferation expert, Valerie Plame Wilson. Judge Story acknowledged that Randel's leak did not appear to put lives at risk, nor to jeopardize any DEA investigations. But he also pointed out that Randel "could not have completely and fully known that in the position that
held." Is not the same true of Rove? Rove had no idea what the specific consequences of giving a reporter the name of a CIA agent (about whom he says he knew nothing) would be--he only knew that he wanted to discredit her (incorrectly) for dispatching her husband to determine if the rumors about Niger uranium were true or false.
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It was just such a risk that convinced Judge Story that "for any person with the agency to take it upon himself to leak information poses a tremendous risk; and that's what, to me, makes this a particularly serious offense." Cannot the same be said that Rove's leak? It dealt with matters related to national security; if the risk Randel was taking was a "tremendous" risk, surely Rove's leak was monumental.
While there are other potential violations of the law that may be involved with the Valerie Plame Wilson case, it would be speculation to consider them. But Karl Rove's leak to Matt Cooper is now an established fact. First, there is Matt Cooper's email record. And Cooper has now confirmed that he has told the grand jury he spoke with Rove. If Rove's leak fails to fall under the statute that was used to prosecute Randel, I do not understand why.
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