John Dean says that under the federal conspiracy statute the realization that one is breaking the law ("leaking classified information") need not exist. This point alone negates McClellan's carefully constructed technical loophole from Friday's press conference.
According to Dean, under this statute, if you join a conspiracy already in progress and share in its purpose (pushing the leak), you can be held responsible for all that has gone on before you joined.
The conspiracy in this case would be a conspiracy to defraud - undertaking actions that are not within the scope of your employment. Thus anyone in this administration who made phone calls to reporters to further the story of Plame's identity would be in violation of this statute. As Dean states, "fraud" under this statute is simply defined as "any conspiracy for the purpose of impairing, obstructing, or defeating the lawful function of any department of government."
Although it would be nice to actually find the leaker, that is not likely to happen with these criminals. However, using the facts that Wilson himself has been touting regarding the "two wave" structure of this crime - the leak itself and then the PUSHING of this information, it may actually be possible that we might see some major damage to some major players.
Not only should Rove get James Baker as his lawyer, but methinks Chris Matthews is going to need some serious help soon as he is the one, according to Newsweek, that called Wilson and said, "I just got off the phone with Karl Rove, who said your wife was fair game."
Tweety's got a lot of 'splainin to do, unless of course, he decides to suicide himself!
Here's the Dean article -
http://writ.news.findlaw.com/dean/20031010.html