Thursday, July 14, 2005

Conspiracy

In past posts on the CIA leak case, I've pointed out all the planets that have to be in alignment for Karl Rove and the other "senior administration officials" involved to be found guilty of the tightly written law against leaking a covert agent's identity. I've mentioned that it might be easier for the special prosecutor, Patrick Fitzgerald, to make a case for perjury if someone made a mis-step in what they told the investigators or the grand jury, or a case for conspiracy if Fitzgerald can prove that more than one person was involved, which seems evident from Novak's use of the plural and the other news stories that assert that more than one person was calling reporters. At BOPnews, Stirling Newberry points out that the conspiracy law is so broadly written that proving it might be a piece of cake...


18 USC 19 372:

If two or more persons in any State, Territory, Possession, or District conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof, or to induce by like means any officer of the United States to leave the place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties, each of such persons shall be fined under this title or imprisoned not more than six years, or both.

In short, if Rove or anyone else conspired to leak Valerie Wilson's name, or any aspect of her involvement in CIA, either to intimidate her or her husband - or to discharge the lawful duties of their office or to impede him in the discharge of duties. In the Novak's statements on Plame, it was admitted that there would be problems if Plame were to be stationed abroad. This constitutes impeding of duties, and is, therefore, a crime under 18 USC 19 372.

Given the broad nature of this particular law - basically, if leaking Plame's name hindered Plame or Wilson from doing their duties in any way - it is very likely that there is a conspiracy charge, at least. Six years - and its a felony.


posted at 5:11:00 PM by fdtate

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