aps said:
I saw that too, but he did not state in the indictment that she was covert.
And further to what Newsweek (the folks who brought us the Koran in the toliet lie) here is a more complete analysis.
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"In these newly-released appeal documents Fitzgerald contradicts the claims he made on January 23, 2006 to Libby’s counsel that Plame’s status and history at the CIA as well as the harm to national security were not material to the charges in the indictment. When he sought Miller’s testimony, he made representations to the effect that Plame was within the reach of the IIPA (Agee Act). Here is what Judge Tatel wrote:[/FONT]
[FONT=Times New Roman, Times, serif]“As to the leaks’ harmfulness, although the record omits specifics about Plame’s work, it appears to confirm, as alleged in the public record and reported in the press, that she worked for the CIA in some unusual capacity relating to counterproliferation. Addressing deficiencies of proof regarding the Intelligence Identities Protection Act, the special counsel refers to Plame as “a person whose identity the CIA was making specific efforts to conceal and who had carried out covert work overseas within the last 5 years”—representations I trust the special counsel would not make without support. (8/27/04 Aff. at 28 n.15.) In addition, Libby said that Plame worked in the CIA’s counterproliferation division” (I-53-55, 245- 46, p.80) [emphasis added][/FONT]
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The proof for Fitz’s claim is not clear. The judge only refers to an affidavit by Fitzgerald. The only reference I can see in the affdavit that sheds a clue as to what Judge Tatel was referring to above appears at footnote 15, p. 28 of this affidavit."[/FONT]
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http://www.realclearpolitics.com/Commentary/com-2_5_06_CF.html
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The Judge "trust the special counsel"? Well this also appears in the same article[/FONT]
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"In Exhibit C of the responses to discovery requests by Libby, the Special Prosecutor indicates only four reporters were questioned: Woodward, Miller, Cooper and Novak. Many more knew that Plame was engaged by the CIA – and have said so – and were never questioned.[/FONT]
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One journalist, Mr. Dickerson, is specifically mentioned by Fitz as having learned of this, but the Fitzgerald letter indicates that he learned of that in Africa after July 11, 2003. Perhaps that was an interview by long distance mind reading rays, because Mr. Dickerson denied ever being questioned by Fitzgerald.[/FONT]
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He told Raw Story:[/FONT]
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“I didn’t know I was mentioned in the court filings until I saw it on the web,” he said. “I’ve never been contacted by anyone in Fitzgerald’s office.” (Hat tip: Just One Minute)"[/FONT]
Hmmm one of the prosecutors witnesses says he was never interviewed?
And what other evidence does Fitzgerald present to support a claim that she was covert.
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“Most telling of all, Harlow, the CIA spokesperson, though confirming Plame’s employment, asked Novak to withhold her name, stating that ‘although it is very unlikely that she will ever be on another overseas mission . . . it might be embarrassing if she goes on foreign travel on her own’ (II-168-69), a statement that strongly implies Plame was covert at least at some point. While another case might require more specific evidence that a leak harmed national security, this showing suffices here, given the information’s extremely slight news value and the lack of any serious dispute regarding Plame’s employment.”"[/FONT]
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Strongly implies?
The article cites many other problems with Fitzgerald's case even in light of the new releases. Interesting reading.
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