On Feb. 18, 2007, as jurors were about to begin deliberations in Libby's case, the Post ran a prominent Outlook article by Toensing, who had been buzzing around the TV pundit shows decrying Libby's prosecution. In the Post article, she wrote that "Plame was not covert. She worked at CIA headquarters and had not been stationed abroad within five years of the date of Novak's column."
Though it might not have been clear to a reader, Toensing was hanging her claim about Plame not being "covert" on a contention that Plame didn't meet the coverage standards of the Intelligence Identities Protection Act. Toensing's claim was legalistic at best since it obscured the larger point that Plame was working undercover in a classified CIA position and was running agents abroad whose safety would be put at risk by an unauthorized disclosure of Plame's identity.
But Toensing, who promoted herself as an author of the Intelligence Identities Protection Act, wasn't even right about the legal details. The law doesn't require that a CIA officer be "stationed" abroad in the preceding five years; it simply refers to an officer who "has served within the last five years outside the United States."
That would cover someone who -- while based in the United States -- went abroad on official CIA business, as Plame testified under oath in a congressional hearing that she had done within the five-year period.
Bizarre Testimony
Toensing, who appeared as a Republican witness at the same congressional hearing on March 16, 2007, was asked about her bald assertion that "Plame was not covert."
"Not under the law," Toensing responded. "I'm giving you the legal interpretation under the law and I helped draft the law. The person is supposed to reside outside the United States." But that's not what the law says, either. It says "served" abroad, not "reside."
When asked whether she had spoken to the CIA or Plame about Plame's covert status, Toensing said, "I didn't talk to Ms. Plame or the CIA. I can just tell you what's required under the law. They can call anybody anything they want to do in the halls" of the CIA.
In other words, Toensing had no idea about the facts of the matter; she didn't know how often Plame might have traveled abroad in the five years before her exposure; Toensing didn't even get the language of the statute correct.
At the hearing, Toensing was reduced to looking like a quibbling kook who missed the forest of damage -- done to U.S. national security, to Plame and possibly to the lives of foreign agents -- for the trees of how a definition in a law was phrased, and then getting that wrong, too.
After watching Toensing's bizarre testimony, one had to wonder why the Post would have granted her space on the widely read Outlook section's front page to issue what she called "indictments" of Joe Wilson, U.S. Attorney Patrick Fitzgerald and others who had played a role in exposing the White House hand behind the Plame leak.
Despite Toensing's high-profile smear of Wilson and Fitzgerald, Libby still was convicted of four felony counts. In response to the conviction, the Post reacted with another dose of its false history of the Plame case and a final insult directed at Wilson, declaring that he "will be remembered as a blowhard."
With Plame's CIA career destroyed and Wilson's reputation battered by Hiatt and his Post colleagues, the Wilsons moved away from Washington. Their ordeal was later recounted in the 2010 movie, "Fair Game," starring Naomi Watts and Sean Penn. Though Libby was sentenced to 30 months in prison, his sentence was commuted by President Bush to eliminate any jail time.
The other costs from the Iraq War included 4,486 U.S. soldiers dead along with hundreds of thousands of Iraqis. The final price tag for U.S. taxpayers is estimated to exceed $1 trillion.
Iraq today remains a violently divided society where the Shiite and Sunni communities are deeply estranged and where the former Sunni authoritarian regime has been replaced by an authoritarian Shiite regime. Whereas Saddam Hussein's Iraq was considered a bulwark against Iran, the current Iraqi government is an ally of Iran.
Except for some retirements and deaths (including Michael Kelly who died in a vehicle crash in Iraq), the editorial pages of the Washington Post and the roster of star columnists remain remarkably similar to what it was a decade ago. Fred Hiatt is still the editor in charge.
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