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CIA Leak May Violate Patriot Act

No less an authority than Sam Dash, chief counsel of the Senate Watergate Committee in 1973-74 and a Georgetown University Law Professor, says the leak of CIA operative Valerie Plame's identity may violate the Patriot Act. Dash says the leak constitutes an act of domestic terrorism as defined in the legislation. He also questions whether the Justice Department will conduct the same kind of investigation it does in other suspected domestic terrorism cases. Here's just a portion of his article. We recommend you read the whole thing.

If, as now seems likely, top White House aides leaked the identity of an American undercover agent, they may have committed an act of domestic terrorism as defined by the dragnet language of the Patriot Act their boss wanted so much to help him catch terrorists.

Section 802 of the act defines, in part, domestic terrorism as "acts dangerous to human life that are a violation of the criminal laws of the United States or of any state" that "appear to be intended to intimidate or coerce a civilian population."

Clearly, disclosing the identity of a CIA undercover agent is an act dangerous to life - the lives of the agent and her contacts abroad whom terrorists groups can now trace - and a violation of the criminal laws of the United States.

And what about the intent of those White House officials in disclosing this classified information? Surely, this mean-spirited action on their part was for the purpose of intimidating the CIA agent's husband, former Ambassador Joseph C. Wilson IV, who had become a strong critic of the Bush administration's Iraq policies. And not just Wilson. By showing their willingness to make such a dangerous disclosure, the White House officials involved were sending a message to all critics of the administration to beware that they too can be destroyed if they persist. That apparent intention "to intimidate or coerce a civilian population" - in this case American citizens - also meets the Patriot Act definition of domestic terrorism.

....This places the Justice Department investigators in a dilemma. Can they treat this investigation differently from any other terrorist investigation? Under the Patriot Act, they have acquired expanded powers to wiretap and search. Will they place sweeping and roving wiretaps on White House aides? Will they engage in sneak, secret searches of their offices, computers and homes? Will they arrest and detain incommunicado, without access to counsel, some White House aides as material witnesses?

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