A Plamegate refresher - Lawrence O'Donnell and the redacted 8 pages

[Pirate Smile]

07.07.2005 Lawrence O'Donnell

The One Very Good Reason Karl Rove Might Be Indicted

-snip-
In February, Circuit Judge David Tatel joined his colleagues' order to Cooper and Miller despite his own, very lonely finding that indeed there is a federal privilege for reporters that can shield them from being compelled to testify to grand juries and give up sources. He based his finding on Rule 501 of the Federal Rules of Evidence, which authorizes federal courts to develop new privileges "in the light of reason and experience." Tatel actually found that reason and experience "support recognition of a privilege for reporters' confidential sources." But Tatel still ordered Cooper and Miller to testify because he found that the privilege had to give way to "the gravity of the suspected crime."

Judge Tatel's opinion has eight blank pages in the middle of it where he discusses the secret information the prosecutor has supplied only to the judges to convince them that the testimony he is demanding is worth sending reporters to jail to get. The gravity of the suspected crime is presumably very well developed in those redacted pages. Later, Tatel refers to "having carefully scrutinized (the prosecutor's) voluminous classified filings."

Some of us have theorized that the prosecutor may have given up the leak case in favor of a perjury case, but Tatel still refers to it simply as a case "which involves the alleged exposure of a covert agent." Tatel wrote a 41-page opinion in which he seemed eager to make new law -- a federal reporters' shield law -- but in the end, he couldn't bring himself to do it in this particular case. In his final paragraph, he says he "might have" let Cooper and Miller off the hook "were the leak at issue in this case less harmful to national security."

Tatel's colleagues are at least as impressed with the prosecutor’s secret filings as he is. One simply said "Special Counsel's showing decides the case."

All the judges who have seen the prosecutor’s secret evidence firmly believe he is pursuing a very serious crime, and they have done everything they can to help him get an indictment.

http://www.huffingtonpost.com/theblog/archive/lawrence-odonnell/the-one-very-good-reason-_3769.html

[ayeshahaqqiqa]

1. I've heard Plame's outing resulted

in people getting killed. And of course it destroyed the covert operation, which was monitoring the proliferation of nuclear arms.

[Bernardo de La Paz]

2. Extremely serious crime harmful to national security.

Not just the outing of an agent.
Not just the danger to the agent's contacts.

It is also the shutting down of the unit that was looking for real WMDs, not the faux ones that the administration "knew" were there, but can't find or plant.

[speedoo]

3. Recommended.

As usual, Larry is on target.

[Pirate Smile]

4. I hope he has some more nuggets of info on McLaughlin Group

tonight.

[speedoo]

5. I love it when he embarrasses that fat rethug Blankley.

Sweeeett.

[Pirate Smile]

6. Last week, Blankley was talking about how we may have to raise taxes.

How many times has hell frozen over in the past few weeks? I've lost count.

[liberalla]

19. I saw that too!

Raising taxes??? OMG!
Yes, things are THAT bad.


I can't stand Blankley. He's grotesque.

[understandinglife]

7. "Key question ... why did these administration officials lie so overtly"

fyi....

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=104&topic_id=4930612&mesg_id=4930612

Various posts regarding Judge Tatel contained in the above referenced threads.


Peace.

[Pirate Smile]

8. Thanks!

[longship]

9. This is a core opinion! Very important.

Recommended.

There's one thing that all these reporters are not saying. It's the following:

If Rove had no clearance to know of Plame's status, then it was somebody else who violated the Intelligence Identities Act. And that somebody would have to be somebody who *did* have the need to know her status. The fact that Plame was exposed speaks loudly that the Act was violated by somebody. Fitz might be focussing not only on the leakers to the press, but may also be after the perp who furnished the information to Rove and Libby.

Two people come to my mind. Condi Rice and John Bolton. Both probably had the clearance (Condi certainly so). Both had the opportunity and connections to do the dirty deed. And both might be able to be charged under the Act if they revealed the identity to Rove, or Libby, or others with the intent to take political revenge on Joseph Wilson by exposing his wife's status at the CIA.

Now the West Wing seems to be intent on playing rhetoric games with this. Claiming that they didn't reveal her name, and bullshit like that. They're looking for picky technicalities with which to extricate themselves from very serious charges. Whether this works or not is up to some judge or jury.

I think the West Wing is in serious hunker down mode right now. They released Miller because she can do no more harm and may be able to do some good later on. There's no quid pro quo there. It's just a strategic move on the part of Libby, et al. They're merely helping a reporter who seems to have a penchant for supporting the White House.

When the indictments hit, there will be some surprises. Fitz has kept his hand close to his chest. There have been almost zero leaks from the investigation. (Where's today's Deep Throat? Hell, where's today's Woodstein?) Maybe a week from today we'll know.

[rateyes]

10. We have here, IMHO, more than a violation of the

intelligence identities act. We have a violation of the Espionage Act. US Code 18, Sec. 792,7 93, & 794.

It covers everybody who passed classified info to unauthorized sources. In other words, reporters, administration officials, all who knew but didn't tell about the leak.

Very serious stuff which shut down a whole undercover operation. Valerie Plame wasn't the only one put in danger.

On edit: Freeper heads are about to explode.

[longship]

14. Agreed

I always forget about that one. (Espionage Act.) Everybody's always talking about the IIA. There's also treason, but that may be impossible to satisfy.

I think we can't ignore the lesser charges here. It's been over two years since the President said he would investigate this and hold the perpetrators accountable. We suspected then, and we know now, that that meant that the cover-up was beginning. Just the fact that the WH has said nothing about this means that obstruction of justice has occurred, undoubtedly compounded by conspiracy. Then there's perjury both in court and probably also before Congress, plus the requisite conspiracy to suborn. The more one thinks about this, one wonders how many trees will have to be cut down to print all the possible indictments.

It's breath-taking. I can't wait.

[maddezmom]

11. kick and recommended

thanks for posting :hi:

[Czolgosz]

12. O'Donnell kicks ass

[seemslikeadream]

13. C*H*E*N*E*Y

[blogslut]

21. me too

I've always thought it was Cheney that started this whole mucking fess.

[texpatriot2004]

15. Wonder what's in those 8 missing pages ? n/t

[Pirate Smile]

16. kick

[Nothing Without Hope]

17. Thank you for this "refresher." I needed to hear it. Recommended.

[WiseButAngrySara]

18. Kicked and recommended! Excellent post. Thanks. .......n/t

[renate]

20. this seems very much worth a kick

so,
:kick: