http://slate.msn.com/id/2089249/Stop the Investigation!
Exactly what law did Robert Novak's leakers break?
By Jack Shafer
Posted Friday, October 3, 2003, at 2:49 PM PT
Democrats in Congress want a special counsel appointed to investigate and prosecute the administration officials who reportedly blew the identity of covert CIA officer Valerie Plame to columnist Robert Novak, who published it, and to at least six other journalists, who did not.
To them I say, good luck!
...
3) That the individual knew he was disclosing information that identifies a "covert agent and that the United States is taking affirmative measures to conceal such covert agent's
intelligence relationship to the United States." (Shafer's emphasis added.) So far, we have no evidence that the United States is taking "affirmative measures" to protect Plame's identity. Anecdotal stories in the press indicate that she's raising 3-year-old twins. The government would have to prove it was actively protecting her identity for a future assignment. This could mean keeping her name out of CIA phone directories; giving her an office off the Langley, Va., campus of the CIA; etc.
But Clifford May and others say Plame's identity was well known in some Washington circles. That could argue that the agency wasn't taking affirmative measures to conceal her identity. Plame's husband, Ambassador Joseph C. Wilson IV, told New York Times columnist Maureen Dowd this week that she surrendered her secret identity to him somewhere around the time of their first kiss! If Plame's been sloppy with her identity, should somebody go to jail for leaking it? Last, the individual would have to know the government was taking affirmative measures to protect her identity. If he didn't know that, he'd be free from prosecution.
<more at link>
Remember, folks...the Cheney people (allegedly ;) ) were passing out this story to friends in the press--Novak, Mitchell and May among them--like so many jellybeans. Who didn't know? Anyone who wasn't a friend of Dick, that's who.