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July 12, 2005

Plame outing may not have even been illegal

From NewsMax:

Writing in January in the Washington Post, former Assistant Deputy Attorney General Victoria Toensing explained that she helped draft the 1982 law in question.

Said Toensing: "The Novak column and the surrounding facts do not support evidence of criminal conduct."

For Plame's outing to have been illegal, the one-time deputy AG explained, "her status as undercover must be classified." Also, Plame "must have been assigned to duty outside the United States currently or in the past five years."

Since in neither case does Plame meet those criteria, Toensing argued: "There is a serious legal question as to whether she qualifies as 'covert.'"

The law also requires that the celebrated non-spy's outing take place by someone who knew the government had taken "affirmative measures to conceal [the agent's] relationship" to the U.S.

Toensing said that's unlikely.

What I suspect is that Cooper may have gotten the information from several sources, and when facing jail time, dug around until he found a source that was politically “expediant” to out. Rove's attorney's need to demand all of his notes. After all he's already compromised his claim to not want to reveal his sources.

Posted by Danny Carlton at July 12, 2005 07:50 AM

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