TREASONGATE AND "KNOWINGLY"

[placton]

Those who do not follow the ins and outs of federal criminal law are (surprise) being misled by the media in TreasonGate.

The claim: "knowingly" under federal law means that Rove, Libby, and the traitor-ring had to "know" that Plame was a covert agent.

The truth: not necessarily. Over the past 20 years, the conservative (read fascist) courts have often re-defined the meaning of knowingly.
FORMERLY: knowingly mean "knowing something specific" ie, that the activity was a crime
NOW: more and more, this is defined as "knowing one was doing an act"; for example, knowing that one was disclosing something, NOT knowing that the subject was a covert agent.

This horrible distinction has bother federal criminal defenders for the last 2 decades. Of course, the wingers have thought this was just fine, from Scalia on down.

Now, however, some butt-biting might be in the offing - depending if the courts follow the precedent they've built up in screwing drug dealers and others in the courts' enlistment in the War on Some Crimes.

So, don't be misled - we can now use some conservative talking points against them. Pass the salted treats, please.