Now there is something tantalizing from another case. David Corn is pretty excited about the Franklin espionage indictments, because of the implications for Plamegate:
The Franklin indictment is a sign that Rove and any other White House aide involved in the Plame/CIA leak might be vulnerable to prosecution under the Espionage Act.MORE BELOW THE JUMP
was narrowly drawn, and to win a conviction Fitzgerald would have to prove that Rove or any other leaker knew that Valerie Wilson was working under cover at the CIA.
However, Corn argues, that after Franklin, Rove's main worry
is section 793 ["transmission of national defense information"]. Rove did communicate classified information which could be used "to the injury of the United States" to a person "not entitled to receive it."
The reason that 793, the espionage statute, may take Rove down is that
...section 793 does not say a violator must be aware he or she is passing on information that could cause harm to the United States if exposed. It only sets as a criterion that the violator "willfully" communicates this information. I assume that means a purely accidental slip of the lip would not be a crime. But Rove--who told at least two reporters about Valerie Wilson's CIA position--cannot argue he was not "willfully" communicating this information to others.Fitzgerald seems not to worry too much about ruffling a few feathers when he is on the track of evildoers, so I imagine he will use whatever works. Recent leaks about a Libby/Miller meeting are hard to interpret but a close reading would suggest they come from the Miller camp, and would seem to suggest that Miller is losing sleep in jail; one of the most prominent parts of jail is the noise, lots of yelling going on...at least on the men's side. New odors periodically appear from unknown sources, overlaying the baseline Pine-sol/Ammonia/urine cachet. Hairs from unspecified species show up on your "meal" tray. Sadistic jailors appear on weekends. Many of your "classmates" are manipulative drug users who are not unfamiliar with weapons of personal destruction. Virginia cockroaches don't bite but they are not fun to snuggle up with. Fitz has certainly informed Miller that is would be wasteful to buy any plane tickets for October. Public opinion has turned against Miller, and the NY Times may soon do the same. If they release Miller's notes, Miller has nothing to trade for leniency. Speculation that Bush would fire Fitz has cooled. All in all, Judith Miller is holding a losing hand. Her ability to make a deal may be time-limited. Meanwhile Russert, Novak, Cooper, et al are in cooler climes, with pina coladas.
My seat of the pants prediction: Miller will blow up soon, claiming something has changed. For example, she can say that since Libby's identity is now known (having been leaked by her lawyers, heh, heh), maintaining confidentiality is moot. I know, what about ethics? But folks, this IS Judith Miller, after all....
Meanwhile, we are waiting for more morsels.....