Novak and The Intelligence Identities and Protection Act

[Patriot_Spear]

There has been a lot of discussion over the past few days about Robert Novak's role in the betrayal of Valerie Plame's status as a convert agent of the United States.

The Intelligence Identities and Protection Act, http://www4.law.cornell.edu/uscode/50/421.html , does not have any caveat that distinguishes a journalist from the application of the law.

Specifically, sections (b) and (c) I believe could be used to prosecute Novak as defined by the statute.

Section (b)

(b) Disclosure of information by persons who learn identity of covert agents as result of having access to classified information

Whoever, as a result of having authorized access to classified information, learns the identify 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 under title 18 or imprisoned not more than five years, or both.

Novak acknowledges that he aquired and confirmed the information from senior White House sources- the authorized agency in this case- and then called the CIA to confirm it with them. After being told not to reveal this information, which he characterized as a weak request, he then proceeded to pass through all the steps necessary to make this information available to the public. Clearly he 'received' information, 'knew' that it compromised her identity from his conversation with the CIA, and deliberately published anyway despite a request from the CIA, who was 'taking affirmative measures to conceal' Plames identity.


(c) Disclosure of information by persons in course of pattern of activities intended to identify and expose covert agents

Whoever, in the course of a pattern of activities intended to identify and expose covert agents and with reason to believe that such activities would impair or impede the foreign intelligence activities of the United States, discloses any information that identifies an individual as a covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such individual and that the United States is taking affirmative measures to conceal such individual's classified intelligence relationship to the United States, shall be fined under title 18 or imprisoned not more than three years, or both.


Several deliberate steps had to take place before Novak could publish Plame's identity. He had to aquire the information; confirm it with a second source; confirm it with the CIA; willfully disregard the CIA's request not to publish; write the article; consult with the publisher; etc.

Cleary Novak engaged in a 'pattern of activities' designed to result in Plame's exposure. He went even further when he exposed a CIA front operation through its connection with Plame, thereby repeating the offense, 'knowing that the idetification of such inviduals having a relationship with United States, which was taking affirmative measures to conceal'.

Bob Novak is an adult man who knew exactly what he was doing. It is certainly ironic that he is working hard to protect his source and yet feels no remorse at exposing one of our agents or damaging our Intelligence capability.

[Spazito]

1. I totally agree, especially with...

his latest exposure of a CIA front yesterday. If that isn't a pattern of activity, I don't know what is. Novak has been around the block for a LONG time, he knows the score!

[hansberrym]

2. Section B does not seem to apply to Novak's case.

"Whoever, as a result of having AUTHORIZED access to classified information."

Since Novak himself did not have authorized acess.


But I do agree that section C does seem apply to Novak.

The freedom of the press in not a blanket protection for a journalist or anyone else to put whatever they want into print. Novak should be held to account for disclosing the name of the CIA agent, and should be punished according to law, as should the paper who published the information.

[newyawker99]

4. Hi hansberrym!!

Welcome to DU!! :toast:

[damnraddem]

3. It's one of those situations about which I am of two minds:

(1) I don't support the law, because it thwarts the ability to expose abuses that should be exposed.

(2) I would love to see Novak prosecuted, as well as the Bushistas who supplied him with the info; and in this case, there is no evidence that the CIA (in the person of Plame) was undertaking abuses.