I imagine that someone has posted this here at some point, but I haven;t found it and I find so many references to it (here and elsewhere) that make claims about it that have conflicts large and small that I thought I could post it and point out some pertinent passages IMHO.
I am not a lawyer, and I know I am opening myself up by commenting, but what the hell - if the Rabble Right Puppets reading The Daily Universal GOP Teleprompter can do it, so can I.
So, without further ado . . . (It is worth reading.)
"* United States Code
o TITLE 50 - WAR AND NATIONAL DEFENSE
+ CHAPTER 15 - NATIONAL SECURITY
# SUBCHAPTER IV - PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION
Section 421. Protection of identities of certain United States undercover intelligence officers, agents, informants, and sources
(a) Disclosure of information by persons having or having had access to classified information that identifies covert agent
Whoever, having or having had authorized access to classified information that identifies a covert agent, intentionally discloses any information identifying such covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such covert agent and that the United States is taking affirmative measures to conceal such covert agent's intelligence relationship to the United States, shall be fined under title 18 or imprisoned not more than ten years, or both.
(b) Disclosure of information by persons who learn identity of covert agents as result of having access to classified information
Whoever, as a result of having authorized access to classified information, learns the identify of a covert agent and intentionally discloses any information identifying such covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such covert agent and that the United States is taking affirmative measures to conceal such covert agent's intelligence relationship to the United States, shall be fined under title 18 or imprisoned not more than five years, or both.
(c) Disclosure of information by persons in course of pattern of activities intended to identify and expose covert agents
Whoever, in the course of a pattern of activities intended to identify and expose covert agents and with reason to believe that such activities would impair or impede the foreign intelligence activities of the United States, discloses any information that identifies an individual as a covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such individual and that the United States is taking affirmative measures to conceal such individual's classified intelligence relationship to the United States, shall be fined under title 18 or imprisoned not more than three years, or both.
(d) Imposition of consecutive sentences
A term of imprisonment imposed under this section shall be consecutive to any other sentence of imprisonment."
- - -
So, those who have not pointed out that there are three levels of felony here have not communicated the entire story. The levels are based on the leaker's status as regards security clearances and activities which led them to out the agent.
But the REAL operative (no pun intended) phrase is there in all three:
"discloses any information that identifies an individual as a covert agent to any individual not authorized to receive classified information." [emphasis added]
In other words, ROVE DID NOT HAVE TO SAY HER NAME. He only had to say "any information that identifies" her as a covert agent.
Obviously this does not cover the question of her status as an agent or not.
For the purposes of Section 421, there is a Section 426, entitled "Definitions" that says,
"(4) The term ''covert agent'' means -
(A) a present or retired officer or employee of an intelligence agency or a present or retired member of the Armed Forces assigned to duty with an intelligence agency -
(i) whose identity as such an officer, employee, or member is classified information, and
(ii) who is serving outside the United States or has within the last five years served outside the United States; or
(B) a United States citizen whose intelligence relationship to the United States is classified information, and ...
(C) an individual, other than a United States citizen, whose past or present intelligence relationship to the United States is classified information and who is a present or former agent of, or a present or former informant or source of operational assistance to, an intelligence agency."
Sections (B) and (C) do not apply to this case. As to (A), it seems to me that it is up to the courts, based on information from the CIA, to determine if Valerie Plame fits those requirements. More than a few people have pointed out that it was the CIA itself who asked the DOJ to look to prosecute this case, and that they must have themselves deemed her to be a covert agent according to their view of the case.
We will find out in due course what the courts decide (unless the Grand Jury finds no reason to make someone answer to charges). Fitzgerald already must think there is a sufficient case, or he wouldn't be, still, literally, "making a Federal case out of it". As a prosecutor, that is his initial job: to put before a Grand Jury a prima facie case that, undefended, would result in a conviction. Anything short of that is wasting everyone's time, and judges really frown on that, unless I miss my mark.