Robin Boston
Wilson leak a/k/a LEAKGATE FORUM
Fri Oct 31 02:53:24 2003
64.140.158.8


Wilson leak a/k/a LEAKGATE FORUM
Do you think Ambassador Joe Wilson should file a civil suit against those...
Posted by: Robin Boston
http://www.wbur.org/idealbb/view.asp?forumID=8&topicID=1451

Last Post: 10/30/2003
Member Since: 10/30/2003

I strongly suggest that Ambassador Joe Wilson and his spouse immediately file at least one civil complaint in tort (emotional distress, loss of employability, slander and libel, and several others) against those who leaked his wife's CIA identity to the press. It appears to me that the Administration is in absolute control of the criminal investigation and its outcome; and will likely remain so, absent new information such as would come out during civil discovery. Immediate lodgement of a civil complaint will get the discovery calendar under way soon enough to get some of the truth out before the 2004 elections.

Who would the plaintiff(s) be? Certainly Robert Novak should be named in view of his repeated actions against the Wilsons (naming Plame and later also naming her CIA cover corporation linked to other agents), which arguably form a "pattern of activities" bringing him into the ambit of 50 U.S.C. 421(c).

50 U.S.C. 421(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 individual's classified intelligence relationship to the United States, shall be fined under Title 18 or imprisoned not more than three years, or both.

Novak's arguable criminal culpability may be asserted as evidence of civil liability. I also suggest including the so-called "second" phase of the leak (shopping it around town) in the complaint, thereby naming Karl Rove. And finally, the complaint should name John and Jane Doe I-XXX, each to be identified more particularly during discovery.

I am reminded that the Watergate burglary occurred well before the 1972 elections, which were then handily won by the perpetrator-in-chief. Let's see if we can avoid such irony this time around.

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Do you think Ambassador Joe Wilson should file a civil suit against those who leaked his wife's CIA identity to the press? Who would that be?Is this really the burning issue? There is no thread here to discuss the national security, ethical and political implications of the leak, there is no result yet to the investigation that would provide specific targets for any kind of a suit, and the topic posted here asks about Wilson filing a *civil suit*?

There is an allegation that senior officials in this Administration deliberately leaked the identity of a covert CIA operative who worked to prevent proliferation of weapons of mass destruction.

This leak was done possibly to punish a U.S. Ambassador from reporting the truth, possibly in order to frighten others from presenting information that harms the Administration's political objectives, regardless of the veracity of that information.

This leak may have placed the lives of CIA operatives, informants, other contacts and even possibly perfectly innocent people who have had contact with Ms. Plume in jeopardy.

This leak most certainly ended the career of Ms. Plume, harmed the efforts she was involved in to prevent WMD proliferation, and thus harmed national security.

It is a criminal act, a violation of a statute written by the senior Bush, who called such leaks "acts of treason".

There is an ongoing CRIMINAL investigation of the White House!

Isn't that worthy of an On Point topic? Let's talk about that, instead of idle speculation about lawsuits against as-yet unknown individuals.

"The best thing about living by the ocean is watching the tide turn." - galiel
Join the Brights Constituency at the-brights.net

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