Wednesday, October 26, 2005

Prosecutorial Conundrum 

A hypothesis:

1) Suppose Joseph Wilson or Valerie Plame told or confirmed to Judith Miller his wife/she was a CIA employee; and
2) Suppose Judith Miller learned from or had confirmed to her by Lewis Libby that Valerie Plame was a CIA employee.

Who leaked? Anybody? Both? The first? Neither?

It's a tough one. Once Judith Miller knows Plame's status, it is in the public domain. But if Wilson/Plame either proactively disclosed or confirmed, then he too either leaked or provided evidence that her status was not covert - he is after all her husband. She has two children. You happily disclose, it's pretty clear she's not in any danger.

It was published today that the FBI was interviewing neighbors to see if they too knew of her CIA employment. If this is true, the prosecutor is trying to establish whether she had publicized her status. And it means he's focused more on leaking than obstruction or false statements. But if Fitzgerald has, as Miller's counsel implied, made a deal with Miller not to question her about other sources besides Libby, he may have created the possibility that 1) and 2) above happened, but Miller need not admit it, and a Grand Jury wouldn't hear it.

Pretty weak.

That is a conundrum. I think. Or it's just getting late, and I am bored by the lack of scoring in the White Sox - Astros game.


By Anonymous Anonymous, at Thu Oct 27, 02:23:00 AM:

Once Judith Miller knows Plame's status, it is in the public domain.

Wrong. Even if it's "in the public domain," knowledge of classified information may not be disclosed by those cleared to know it until its classification status is changed.  

By Anonymous dodave, at Thu Oct 27, 11:53:00 AM:

Just what is the classified information that was allegedly leaked? That Plume works for the CIA? If so, I think the fact that one is working for a specific agency is a real stretch on government secrecy.  

By Blogger Cardinalpark, at Thu Oct 27, 05:34:00 PM:

Anon- once it's "public" to non-cleared people, I think the cat's out as they say. And none of us outside the Grand Jury room know much else..did Libby know she was covert? Was she in fact covert? All that stuff...

I think there's a bunch of conundrums (conundra?) around this case, that's even giving a bright Amherst grad like Fitzgerald fits.  

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