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Deep Breath

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I seem to recall that just a little while ago Kevin Drum was lamenting the fact that congress hasn't passed a law that would have kept Judith Miller out of jail. Now, he wants a whole bunch of subpoenas:

And since we're getting back to basics here, here's a question to ponder: who is the "senior administration official" quoted in this story? He obviously seems to know who the leakers were. Has he been subpoenaed? Dana Priest and Mike Allen, who wrote the Post story, know who he is. Have they been subpoenaed? They don't seem to have been. How come?

I don't think this is so hard to understand. The reason we get along okay without a federal journalist shield law is that prosecutors do a good job of abiding by the DOJ guidless that ask them not to go around subpoening journalists unless it's truly necessary to solving an important case. As a result, Patrick Fitzgerald seems to have been taking a minimalist approach to compelling testimony. One of the great oddities of l'affaire Plame has always been that a prosecutor willing to really throw subpoenas around could crack it quite easily -- a pretty large number of reporters in this town have a good picture of what happened here. But there really are other principles at stake. Fitzgerald seems to know what he's doing, and the investigation seems to be moving forward. I'm frustrated, too, and would like to get this done with, but caution seems warranted. The Priest/Allen source, it's important to note, seems to be a bona fide whistleblower, exactly the sort of leaker we don't want to deter through the legal process. It'd be fun to know who it was (Colin Powell? George Tenet?), but probably better for the country for him to stay secret.


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The Perrspectives Document Library has been expanded to include background articles and documents on the Karl Rove outing of CIA agent Valerie Plame.

The Rove documents include the original Joseph Wilson New York Times op-ed, Robert Novak's column outing Wilson's wife Valerie Plame and key 2003 White House press briefings by Scott McClellan and President Bush. The Library also features key 2003 and 2005 articles on the scandal, as well as a timeline of entire affair. For future reference, links to the Espionage Act of 1917 and the Covert Agent Identity Protection Act are also included.

See the Karl Rove Scandal Documents here.

"The Priest/Allen source, it's important to note, seems to be a bona fide whistleblower, exactly the sort of leaker we don't want to deter through the legal process."


Yup.


"It'd be fun to know who it was (Colin Powell? George Tenet?)"


Yup again.  Those are the suspects.  


(I used to think it was Tenet, but attention has shifted to Powell with the attention to State.)

Why isn't Bob Novak in jail? He obviously knows who outed Plame to him. Since he has testified, and can't claim 5th amendment (journalists are generally protected under 1982 law), he must have outed the leaker. Or lied about it. Perjury can land a journalist in jail.

This story is getting fun. I do not know much, but it is starting to llok like Novak and Rove (and others) might have conspired to perjure their testimony in the Grand Jury when this broke -- the cover being that Novak simply made the mistake of using the word operative, when he was told no such thing.
It also appears as if there are other feedback loops in this thing involving reporters and administration officials that Fitzgerald has a handle on, but that are difficult to understand without the relevent information.
The crucial point, at least to me, is that Rove said "fair game", and to cull together memes from different posts on the subject, that seals it as far as the political train(huffington). The seriousness of that is well captured by Larry Johnson's post, and it is hard to come to a different conclusion that Gillespie -- this is worse than Watergate.
Unreasonably, I am hoping this results in President Dennis Hastert (would Tom DeLay be VP?).

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