TraitorGate – The Legal Case
(broadcast stream) (.mp3 download Right-click,”Save Target as”,”Save”)
Republicans argue that no one should be fired for leaking classified material and the name of a CIA covert agent and praise Bush for flip flopping to say that he’ll only fire Karl Rove if Rove committed a crime.
Was a crime committed here? Let’s legally examine the statute, as well as the crimes of perjury and obstruction of justice: (Click to blog to read entire statute.) Consider it your first taste of law school.
But don’t forget perjury and obstruction. As with Watergate, the cover-up is likely to do more damage to the Bush Administration than the people who outed a covert CIA operative (“the most insidious of traitors” — George H. W. Bush).
Also check out this article describing the damage the leaker caused to national security.
Intelligence Identities Protection Act, 50 U.S.C. SS421 et seq.
Â§ 421. Protection of identities of certain United States undercover intelligence officers, agents, informants, and sources
(a) Disclosure of information by persons having or having had access to classified information that identifies covert agent
Whoever, having or having had authorized access to classified information that identifies a covert agent, 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 agentâ€™s intelligence relationship to the United States, shall be fined under title 18 or imprisoned not more than ten years, or both.
(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 agentâ€™s intelligence relationship to the United States, shall be fined under title 18 or imprisoned not more than five years, or both.
(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 individualâ€™s classified intelligence relationship to the United States, shall be fined under title 18 or imprisoned not more than three years, or both.
(d) Imposition of consecutive sentences
A term of imprisonment imposed under this section shall be consecutive to any other sentence of imprisonment.
Â§ 422. Defenses and exceptions
(a) Disclosure by United States of identity of covert agent
It is a defense to a prosecution under section 421 of this title that before the commission of the offense with which the defendant is charged, the United States had publicly acknowledged or revealed the intelligence relationship to the United States of the individual the disclosure of whose intelligence relationship to the United States is the basis for the prosecution.
(b) Conspiracy, misprision of felony, aiding and abetting, etc.
(1) Subject to paragraph (2), no person other than a person committing an offense under section 421 of this title shall be subject to prosecution under such section by virtue of section 2 or 4 of title 18 or shall be subject to prosecution for conspiracy to commit an offense under such section.
(2) Paragraph (1) shall not apply
(A) in the case of a person who acted 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, or
(B) in the case of a person who has authorized access to classified information.
(c) Disclosure to select Congressional committees on intelligence
It shall not be an offense under section 421 of this title to transmit information described in such section directly to either congressional intelligence committee.
(d) Disclosure by agent of own identity
It shall not be an offense under section 421 of this title for an individual to disclose information that solely identifies himself as a covert agent.
Â§ 423. Report
(a) Annual report by President to Congress on measures to protect identities of covert agents
The President, after receiving information from the Director of Central Intelligence, shall submit to the congressional intelligence committees an annual report on measures to protect the identities of covert agents, and on any other matter relevant to the protection of the identities of covert agents. The date for the submittal of the report shall be the date provided in section 415b of this title.
(b) Exemption from disclosure
The report described in subsection (a) of this section shall be exempt from any requirement for publication or disclosure.
Â§ 424. Extraterritorial jurisdiction
There is jurisdiction over an offense under section 421 of this title committed outside the United States if the individual committing the offense is a citizen of the United States or an alien lawfully admitted to the United States for permanent residence (as defined in section 1101 (a)(20) of title 8).
Â§ 425. Providing information to Congress
Nothing in this subchapter may be construed as authority to withhold information from the Congress or from a committee of either House of Congress.
Â§ 426. Definitions
For the purposes of this subchapter:
(1) The term â€œclassified informationâ€ means information or material designated and clearly marked or clearly represented, pursuant to the provisions of a statute or Executive order (or a regulation or order issued pursuant to a statute or Executive order), as requiring a specific degree of protection against unauthorized disclosure for reasons of national security.
(2) The term â€œauthorizedâ€, when used with respect to access to classified information, means having authority, right, or permission pursuant to the provisions of a statute, Executive order, directive of the head of any department or agency engaged in foreign intelligence or counterintelligence activities, order of any United States court, or provisions of any Rule of the House of Representatives or resolution of the Senate which assigns responsibility within the respective House of Congress for the oversight of intelligence activities.
(3) The term â€œdiscloseâ€ means to communicate, provide, impart, transmit, transfer, convey, publish, or otherwise make available.
(4) The term â€œcovert agentâ€ meansâ€”
(A) a present or retired officer or employee of an intelligence agency or a present or retired member of the Armed Forces assigned to duty with an intelligence agencyâ€”
(i) whose identity as such an officer, employee, or member is classified information, and
(ii) who is serving outside the United States or has within the last five years served outside the United States; or
(B) a United States citizen whose intelligence relationship to the United States is classified information, andâ€”
(i) who resides and acts outside the United States as an agent of, or informant or source of operational assistance to, an intelligence agency, or
(ii) who is at the time of the disclosure acting as an agent of, or informant to, the foreign counterintelligence or foreign counterterrorism components of the Federal Bureau of Investigation; or
(C) an individual, other than a United States citizen, whose past or present
intelligence relationship to the United States is classified information and who is a present or former agent of, or a present or former informant or source of operational assistance to, an intelligence agency.
(5) The term â€œintelligence agencyâ€ means the Central Intelligence Agency, a foreign intelligence component of the Department of Defense, or the foreign counterintelligence or foreign counterterrorism components of the Federal Bureau of Investigation.
(6) The term â€œinformantâ€ means any individual who furnishes information to an intelligence agency in the course of a confidential relationship protecting the identity of such individual from public disclosure.
(7) The terms â€œofficerâ€ and â€œemployeeâ€ have the meanings given such terms by section 2104 and 2105, respectively, of title 5.
(8) The term â€œArmed Forcesâ€ means the Army, Navy, Air Force, Marine Corps, and Coast Guard.
(9) The term â€œUnited Statesâ€, when used in a geographic sense, means all areas under the territorial sovereignty of the United States and the Trust Territory of the Pacific Islands.
(10) The term â€œpattern of activitiesâ€ requires a series of acts with a common purpose or objective.
For lawyers or budding legal junkies, I also highly recommend the opinion by the U.S. Court of Appeals that ordered the reporters to testify
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EN is tired and repetitive July 24, 2005 10:02 am
Yeah Enigmoid–as a degreed journalist–even I know repetition is a professional no-no–your hackery is showing–and it’s dirty underwear
Are you getting paid by the inch? Is that why you have to resort for spam ads and copying and pasting previous posts for most of your space?
The more you protest Rove’s innocence–the more I think Rove is going down–and if Bush tries to save him–Bush might go down with him–that’s my American dream–and their plausible deniability might spin enough webs to make that dream come true
Keep blowin’ smoke EN–to an old grunt that just gives your position away
Mark Levine July 24, 2005 9:24 am
No denial that you’re paid to be here. I guess I’m honored that your boss Karl Rove considers me such a threat. Or is it Pat Robertson?
Still no details for your plan for rounding up Muslims and putting them into concentration camps, but I do think it’s interesting that you’ve changed your story and now would just put 1 Muslim in a “camp.” Kind of an empty camp, ain’t it, for your War against Islam?
LOL. Even your weird, repetitive, boring rants are inconsistent. Kinda sad, really. Reminds me of an old man railing at pigeons…
EN July 24, 2005 2:57 am
“We know the truth, EN. You’re paid to be here.”
Levine, have you illegally obtained my name through my IP and then followed up by purchasing data on me, which is easy to do via the Internet?
If I can read my card properly [need new bifocals] my Social Security number is 567-68-0515.
Please make sure that no illegals are paying into SS as that means they have obtained it and are using it for employment. As long as you’re running background checks on me, you might as well do me that favor.