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Valerie Plame Investigation May Be Over

By Jeralyn, Section Valerie Plame Leak Case
Posted on Thu Apr 07, 2005 at 10:39:52 AM EST
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Murray Waas at American Prospect reports that the investigation into who leaked the identity of former CIA operative Valerie Plame may be over. Eric Alterman says at Altercation:

It’s hard not to conclude Novak has turned state’s evidence—or possibly taken the Fifth- and won’t admit it. Otherwise, this Mr. Fitzgerald is simply crazy.

As I see it, Eric's got his finger on the unanswered questions.

  • Did Novak get a subpoena? Did he take the 5th? Was he immunized and did he sing? Or, has special prosecutor Fitzgerald been dragging his feet in seeking an immunity order for Novak while he exhausts all other avenues? Who does Fitzgerald have in his cross-hairs besides Libby, who has waived all confidentiality privileges?

  • If Novak took the 5th, for what crime did he take it? Most people agree his publicizing Plame's identity was not a crime. The law prohibits disclosure by those with authorized access to classified information and the like, not to journalists, unless they habitually make such disclosures. Was there a cover-up attempted - did Novak initially agree to one?

Kevin Drum, who's been following the case since the get-go, says of the Waas article:

On the one hand, the fact that he finished up his investigation so long ago and hasn't indicted anyone indicates that he doesn't have a case. On the other hand, why would he spend so much time and energy harassing reporters for testimony if he'd long ago decided there was insufficient evidence to mount a prosecution?

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    Valerie Plame Investigation May Be Over | 14 comments (14 topical)
    Re: Valerie Plame Investigation May Be Over (none / 0) (#1)
    by Talkleft Visitor on Thu Apr 07, 2005 at 10:55:52 AM EST
    What will happen next? Are they going to drop it or is someone going to be charged?

    Re: Valerie Plame Investigation May Be Over (none / 0) (#2)
    by Talkleft Visitor on Thu Apr 07, 2005 at 11:02:15 AM EST
    Bob Novak is, simply put, an ass. I accidentally picked up a paper on the train and started reading his column, not knowing it was his. The whole column was filled with "last year I predicted that" and "a personal confidential source told me" I was so offended by the self-aggrandizing style that I looked to see who the author was and lo and behold - Novak! I have to admit to not knowing all the facts, and adamantly support media's rights to protect sources, but I would really love to see Novak squirm over this one.

    Re: Valerie Plame Investigation May Be Over (none / 0) (#3)
    by Talkleft Visitor on Thu Apr 07, 2005 at 11:02:30 AM EST
    Or has the prosecutor talked to enough people to now confirm that Valerie Plame is not covered under the law in question?

    Re: Valerie Plame Investigation May Be Over (none / 0) (#4)
    by Talkleft Visitor on Thu Apr 07, 2005 at 11:03:06 AM EST
    The law prohibits disclosure by those with authorized access to classified information and the like, not to journalists, unless they habitually make such disclosures.
    I don't think "habitually" is a particularly great reading of the "course of pattern of activities" provision. Take the following hypothetical: Say that its true that some people in Washington not cleared for the information believed, on whatever basis, that Plame was a CIA agent working on WMD, but that the CIA was still taking affirmative means to protect her identity -- perhaps had even contacted and hushed up those they knew were in on the secret. Somehow, Novak had heard of it indirectly (through uncleared sources), but not from a source that would be adequate for making such a claim on the air -- he needed a firmer, even if anonymous, government source. So he actively worked to find someone in the administration to confirm the rumor he had heard. I think that would fall within the "course and pattern of activities" provision. It would also make some of the smokescreen minimization arguments (like the "everyone knew it already" one) into understandable distortions of the truth rather than complete whole cloth fabrications.

    Re: Valerie Plame Investigation May Be Over (none / 0) (#5)
    by Talkleft Visitor on Thu Apr 07, 2005 at 11:58:57 AM EST
    Check out Waas' blog periodically -- he says that he's waiting on some confirmations from sources (including Novak) before going to print with what he indicates will be of interest. Stay tuned.

    Re: Valerie Plame Investigation May Be Over (none / 0) (#6)
    by jimcee on Thu Apr 07, 2005 at 03:17:45 PM EST
    So does this mean that Joe Wilson's book tour is officially over? (Metaphor alert!) It seems to me that this was a wholly manufactured and breathlessly reported story by the usual suspects in the run up to the 2004 elections trying to hurt Bushco. Now that this non-story is proving to have been a waste of ink as well as putting those who were so sure of themselves in their reportage behind the eight ball it doesn't seem to merit much space in the NYT or WP. No one really wants this albatross around their necks now do they? Tempest meet teapot.

    Re: Valerie Plame Investigation May Be Over (none / 0) (#7)
    by Talkleft Visitor on Thu Apr 07, 2005 at 03:41:03 PM EST
    I think jimcee has been reading to many lefty blogs recently. His "albatross" allusion has been used quite a bit lately on other lefty sites, and I don't think he would have come up with it on his own. Same goes for the tempest crap at the end.

    Re: Valerie Plame Investigation May Be Over (none / 0) (#8)
    by jimcee on Thu Apr 07, 2005 at 05:09:42 PM EST
    Sherman, Why yes I did come up with those silly metaphors on my own. Well actually they are metaphors so someone actually came up with them before me. As far as frequenting other Lefty sites I'll be honest that this is pretty much the only one I frequent although I do on occassion go to DU to see how nutty people can really be. I keep coming back here because TL runs a nice shop and allows libertarians such as myself the chance to vent. As far as the Plame affair is concerned it really does seem fishy that the story broke at the same time her husband was flogging his book. Coincidence? I think not. That this all came about in the run up to the presidential election, a book written by a Clinton sycophant and a pliant media raging about a CIA agent being exposed and endangered? It sounds like a good PR machine to me. I was suspicious of this story from the beginning because I honestly can't think of a time the Left has supported the CIA, singularly or collectivly. I mean it's always been Allende this, Central America that... That the same media sources that claimed this heinous crime was committed by the Bushies now are arguing in court that if there wasn't a crime then why should their reporters be called into court just seems like the whole thing was a trumped up book promotion/media Bush bash to me. A "tempest in a teapot" or if you prefer an overwrought bunch of nonsense that was made "news" by a very efficient PR person on behalf of Mr Wilson. It is not like that Vanity Fair article wasn't accompanied by photos of said "secret agent" or anything was it? And wasn't the covert, undercover, super top secret, no one knows who she is agent the wife of Mr. Joe Wilson? You know the one who accompanied him to public events all over Washington for the last ten years. Sheesh, no one can use cliches anymore without the metaphor police showing up? Hey I turned myself in for cris'sake.

    Re: Valerie Plame Investigation May Be Over (none / 0) (#9)
    by Talkleft Visitor on Thu Apr 07, 2005 at 05:59:51 PM EST
    The above postings both disturbed and saddened me. At what point in American history did it become acceptable to view the American national security through the lense of political gain/loss? The leaking of Valerie Plame's name to the media means one thing and one thing only: there is a terrorist inside the White House (i.e. a person willing to sacrifice national security for their personal goals). This person's identity must be quickly determined and they must be removed from any positiion within the U.S. government. Security is not a political color; it is RED, WHITE, and BLUE.

    Re: Valerie Plame Investigation May Be Over (none / 0) (#10)
    by jimcee on Thu Apr 07, 2005 at 07:22:16 PM EST
    Wildtiger, Terrorist? Please.. your hyperbole is stunning. It has always been viewed that way, political, so don't get all worried. It's not as if she was "Florence of Arabia" or anything. Crikey what the press did in general during the Communist push into Central America and the Caribbean island of Granada was essentially to expose the CIA inflitrartion for "news" and political gain as they hated Reagan as much as they do Bush. I don't rightly care which side of the aisle you sit on but if you think exposing real or supposed CIA involvement anywhere is new then I suppose that you aren't familiar with the arcane politics of the covert world in the last fifty years. I think they called that time the "Cold War" but I may be wrong.

    Re: Valerie Plame Investigation May Be Over (none / 0) (#11)
    by Talkleft Visitor on Thu Apr 07, 2005 at 08:10:07 PM EST
    It's not as if she was "Florence of Arabia" or anything. Crikey what the press did in general during the Communist push into Central America and the Caribbean island of Granada was essentially to expose the CIA inflitrartion for "news" and political gain as they hated Reagan as much as they do Bush. So according to your tinfoil hat worldview, it's absolutely okay to out CIA operatives because you think somebody else did it back in the day for political reasons? Typical conservative sandbox mentality. What was done to Plame was wrong. Period. Trying to make excuses for it to make it fit neatly into some hamhanded political rhetoric doesn't change that.

    Re: Valerie Plame Investigation May Be Over (none / 0) (#12)
    by jimcee on Thu Apr 07, 2005 at 09:04:10 PM EST
    Carla, I'm not making excuses so much as pointing out the obvious and I don't live in a sand box Left or Right. What part of politics don't you understand? The part where the Gov't is involved with all sorts of wacky schemes but there are secrets? Valarie Plame was as undercover as her husband, Joe Wilson. If you don't think that the whole Plame was outted push meme wasn't driven by Wilson's PR team that is OK by me. After all without people like you the whole PR thing wouldn't work now would it? If you believe this shill-fest then you are ripe for the picking of every slick PR campaign that someone is aiming at you. Perhaps your in the market for a pet rock. Sheesh, just when I thought that a university education might be a good thing....

    Re: Valerie Plame Investigation May Be Over (none / 0) (#13)
    by Talkleft Visitor on Fri Apr 08, 2005 at 11:39:10 AM EST
    "Florence of Arabia" LMFAO! Didn't I see that on the Spice Channel late night??? It was on right after "Debbie Does Darfur" and the Guckert Infomercial.

    Re: Valerie Plame Investigation May Be Over (none / 0) (#14)
    by Talkleft Visitor on Fri Apr 08, 2005 at 11:44:30 AM EST
    All I know is Joe Wilson sure was pissed when his wife's name was leaked. I just couldn't see the dollar signs jingling in his eyes over a book deal because little flames were shooting out of them on the Sunday news shows. Is the point really whether or not Valerie was the particular kind of agent protected from disclosure? IMHO it is more about her life being put at risk ON PURPOSE to send a message to Wilson.

    Valerie Plame Investigation May Be Over | 14 comments (14 topical)