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July 20, 2007 at 13:27:00

Stonewalling Plame

by James Brett     Page 1 of 1 page(s)

www.opednews.com

 

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Federal District Judge John D. Bates, who on Thursday dismissed the civil suit of Valerie Plame Wilson against Vice President Cheney, President Bush, et al over the disclosure of her CIA identity, made a grievous and outrageous error of interpretation in this case, an error which can only be ascribed to collusion with the defendants, an outrage at least as serious as the original offense.

Judge Bates declared the actions of all the defendants as within the scope of their duties and, therefore, under the federal statute protecting federal employees from liability for their actions persuant to their legitimate jobs, that no crime had taken place.  He described the outting of Plame as deplorable, but that these officials had a right to counter charges made by Valerie Plame Wilson's husband Ambassador Joseph C. Wilson in his published disclosure that there was no reason to believe that Saddam Hussein had actually purchased yellow-cake uranium from an African country.

The judge studiously ignored the statute that makes it illegal to reveal the identity of covert agents of the federal government.  Perhaps the judge thought that not ignoring the statute would give credence to the Plame case that the statute is in play, a matter of considerable disagreement among legal scholars, since the Congress wrote the statute with very little concern for actual implementation of the law.  Even so, the judge cannot dismiss one law in favor of another without hearing evidence.

What the judge did do was to say that countering a statement by one individual can be accomplished by injuring a relative or spouse of that individual, which is clearly not legal, not ethical, not the intent of the law that protects federal employees, and which raises the question of whether the judge meant to found his argument on the flimseyest possible foundation thus to get it out of his court and his ass off the front burner!

The damage to Valerie Plame is obvious.  She can no longer act as a covert agent.  Her career is ruined.  She is asked to bear the reprisal from Cheney et al for the affront that her husband gave this corrupt administration. 

The damage to the anti-nuclear proliferation group where she worked is perhaps less obvious, but nevertheless discernible.  Now all agents of that group must operate with the fear that their own identities will be compromised—and their lives and families jeopardized—if they choose to provide intelligence that is not what Cheney or Bush expected and wanted.  Moreover, the damage to the anti-nuclear proliferations group's reputation is now established at just the very moment when the question about an Iranian nuclear weapon threat is very much on the table.  Cheney deliberately set up this cloud so that rapid response to a concocted threat from Iran would not be scrutinized by the CIA group that would normally do so.

The implications of Judge Bates's decision will go much further than the appeal Valerie Plame will mount.  The absurdity of the decision calls up the question of collusion and obstruction of justice from within the justice system itself.  It is a very sad day for Constitutional government and yet one more clear sign that the only way out is impeachment of Cheney and then of Bush.

JB

 

http://americanliberalism.org

James R. Brett, Ph.D. taught Russian History in several universities before becoming an academic administrator in curriculum and faculty research administration.  His academic interests have been in the history of science and the history of ideas, particularly Marxism and classical liberalism, but also psychology and consciousness studies.   He is a frequent contributor to liberal and progressive blogs and is the founder and publisher of The American Liberalism Project.

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3 comments

Been around the block a few times.
Blue PilgrimBeen around the block a few times.

What the ruling was, essentially,

is 'when the Vice President does it that means it isn't illegal'.

by Blue Pilgrim (0 articles, 3 quicklinks, 2 diaries, 997 comments) on Friday, July 20, 2007 at 4:22:00 PM
 


I am a Retired Senior Citizen who is dedicated to this country and motivated to Learn...Know...and Have Understanding of what will best bring forth change for a better Society for All.
VGFI am a Retired Senior Citizen who is dedicated to this country and motivated to Learn...Know...and Have Understanding of what will best bring forth change for a better Society for All.

the Inequities of It all

J. Brett, What a momentous 'Thought provoking statement !' That cheney was .. even Back in 2003...laying the groundwork for eventual war with Iran..( By suggesting they could be building up nuclear capabilities that might be used against this country...And yet not being able to Prove it one way, or the other...if Our CIA agents were hamstrung with This Plame-Wilson Outing ! ) It makes Very clear sense which few people would have ever been able to connect ! Go into Iraq with an unprovoked excuse.. Win the territory ... 'Just a Cake-walk'.. and Then SAY whatever Suited the purpose to start a war against Iran, using unprovable excuses. And yes , using Iraq as the launching site ...where all the oil is located . The CIA agents who are supposed to be aware of any dangers ( Or not ) can not say a word..unless it is what cheney and bush want and need to hear that would further their intent. This means the protection of this country has been hamstrung since Day One By this Bunch sitting in our White house.. ( Who are Being Paid by The People Of this Country to protect us.) Yet They are traitors to us All. Can we blame any CIA agent now should he or She..be unwilling to Speak up ? How many CIA have Tried to speak up who have wound up shot dead, or poisoned, or shoved off a tall building ?? We will never know, will we ? NO ! Not long as We allow the likes of which we now have residing in our Guvmt. They are only there for Their Own benefit and desire for money, power and control, no matter How many lives are snuffed out. Democracy ? How dare bush parrot the phrase of ""spreading our Democracy to that Part of the world'..or to anywhere else, when He And his Ilk is hell-bent on destroying every vestige of democracy our Fore-fathers fought and died to attain for us . This is too apparent to too many Patriots in this Country to possibly ignore..or to not recognize for What it is... THE biggest coverup and Scam that has ever been pulled on this country ! Perhaps the Powers-that-Be think they can continue with Business as Usual..? That there are more Sheeple out here in the Real World than there are..people Who are working with Them ( like this so-called judge,Bates ?) WE Will prove them all wrong. I do believe there are Enough 'truth' patriots who are sufficiently awakened now..who are ready to take them on. We have too much to lose by not facing this run-a-way train that is headed by this fascist regime. Do we de-rail the train..or do we lay their tracks over the cliff ?? Must we wait for 2008 ? VGF

by VGF (0 articles, 0 quicklinks, 0 diaries, 39 comments) on Saturday, July 21, 2007 at 3:32:46 PM
 


The author is a fifty-something year old physician soon to be expatriated.
YaybobThe author is a fifty-something year old physician soon to be expatriated.

Law schmaw.

 

REASONS TO OBEY THE LAW

 

I. BEFORE

 

1. SOCIAL CONTRACT. It’s part of a social contract that we all implicitly enter. I’ll subject myself to the law if you do. Others have behaved lawfully with me when they might have preferred to do otherwise, and I owe them the same in return.

 

2. CONSTRUCTIVE CIVIC BEHAVIOR. Obedience to just law gives one a sense of moral accomplishment and solidarity with others. It just feels good to be in compliance

 

3. RESECT for the law

 

4. SAFETY. Some laws are for our safety, and breaking them could result in harm to us or others, such as leaving an old refrigerator outdoors with a door still on it.

 

5. THREAT OF PUNISHMENT. You might be caught and punished.

 

II. NOW

 

I’m reminded of Mae West in court before the judge, making a snide remark under her breath, and the judge sternly rebuking her with, “Mrs. West! Are you trying to show contempt for this court?” to which she replied, “No, your honor. I’m doing my damnedest to conceal it.”

 

1. SAFETY and

 

2. THREAT OF PUNISHMENT – OK, I still won’t run red lights if I can’t see the intersection clearly, or if there is a cop around. But not because I still feel a connection to this society or any further moral obligation to respect its rules. The president isn’t.

A third of the country still likes Bush and hates liberals and freethinkers. What's my connection to them? What’s my investment in this place? What’s its investment in me?

 


by Yaybob (12 articles, 0 quicklinks, 1 diaries, 174 comments) on Sunday, July 22, 2007 at 1:38:14 AM
 

 

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