from
Kleiman
(nearly everything in this post is cribbed and condensed from his fine work, he has been on this like white on rice for a while now)
Forget all about that was she undercover or not, did Rove know she was undercover. There is a much simpler way to pin Rove (assuming that he leaked - yeah, I'm really going out on a limb on with that)
Anyway here it is - I'm surprised more people haven't realized this.
18 USC 793:
(e) Whoever having unauthorized possession of, access to, or control over . . . information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it.
I suspect that this is what Fitzgerald is looking into rather than that other one that the right is all busy parsing into oblivion. This one has some very broad language.
Anyway run on over to Mark's place and let visions of a frog marching Karl guide you to bed. Plus the added political fallout for Bush by having the news report that Rove is being charged with violations of the Espionage Act.
Oh, one thing that Mark forgot, the penalty for violations of the The Espionage Act:
"Shall be fined under this title or imprisoned not more than ten years, or both."