
There is a reason that outing a CIA NOC is a crime. I talked about some of the implications of that in a previous post here, but Gary Hart has an eloquent take on the issue in today’s HuffPo that is certainly worth a read.
Whatever your feelings about the CIA, it is a dangerous job and not one for which most Americans are lining up these days. I am well aware that there have been numerous episodes of problems, to put it very mildly, with particular agents or missions, but that does not mean that every person at the CIA is tainted as a result, any more than some of the members of the Bush Administration can be held as a taint to every single person doing public service work today.
Some members of the CIA, and other intelligence agencies do the work that helps to keep us safe: through information analysis, information gathering through a network of hard-earned assets in foreign countries or groups hostile to our safety, and by putting their lives directly on the line as deep cover agents pretending to be terrorists or criminals in order to gather the necessary information to stop a future attack on our soil or our interests before it ever happens.
Hart addresses this particular issue with a story that has an ironic twist. Unfortunately, he sources the information incorrectly to Phillip Agee as being the person who outed the agent in question — on this occasion that wasn’t correct, it was someone else. But that doesn’t negate the overarching story told of the agent’s outing and subsequent murder at the hands of the very people he was trying to monitor.
Richard Welch, a brilliant Harvard-educated classicist, had been stationed in Greece as CIA station chief only a few months before he was murdered, by a radical Greek terrorist organization called the 17th of November, in the doorway of his house in Athens on Dec. 23, 1975.
In this world of intrigue and shadows, there are very real consequences for actions that expose agents. Very real.
No matter how many times some apologist sits in front of the camera or hides behind the anonymity of “Administration ally” in print, it does not change the fact that taking any action which exposes any part of a covert network weakens our national defense. No matter what motive. No matter how accidental. No matter how much they may regret it now.
And those assets and agents working alongside or under the exposed agent face the same exposure if they can be traced back to each other in any way.
To have this done by someone accidentally (or even on purpose for motives that they think, however misguided, are pure ones), is bad enough. These CIA agents are human beings with families, and often with a very patriotic and difficult history of working for this country without falling into any of the darker conduct which is so rightly criticised.
When the person who outs you is a member of your own government, and it is done for political payback purposes — then what does that do?
The political irony of all this is that conservative elements in America have always proclaimed themselves more concerned than anyone else with national security, the sanctity of classified information, protection of sources, support for our intelligence and military services, and so on. At radical times in our past, irresponsible leftist groups thought it was their duty to try to reveal the names of CIA agents. Now, under a conservative administration, it is these conservative national security champions who are saying, with regard to the “outing” of a CIA undercover officer, “Where’s the crime?”There is further irony in the fact that now the premier intelligence agency of the United States, the CIA, is in utter disarray. Morale is desperately low. Many of the best career officers are leaving. As the source of unbiased professional intelligence, the CIA has been diminished and pushed aside by the Department of Defense. This at a time when it is critical to national security to have the best possible intelligence to protect us from terrorism….
So, there’s the crime. To casually and willfully endanger the life of an undercover CIA agent is a felony. You either believe in taking the laws of the United States seriously or you do not. Citizens – even highly placed ones – do not get to pick and choose which laws they will obey and which they will not. Miller and her publisher may think she’s a hero, but I don’t. It is well established that there is no First Amendment protection for a journalist or anyone else to withhold evidence of a crime.
Well said. But the twist in this story? I did promise there was a twist.
There is one final irony to this story. On Christmas Eve in 1975, I got a call at my home from the director of the CIA, William Colby. He asked if I would intervene with the White House to obtain presidential approval to have Welch buried at Arlington National Cemetery, a hero fallen in service to his country. I quickly called President Ford’s chief of staff on Colby’s behalf and made the request. Within two hours, the president had agreed to sign the order permitting Welch to be buried at Arlington.The chief of staff’s name was Richard Cheney.



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pachacutec & Bkny thanks for your answers to my questions. I had to go away for awhile and just now saw them. and thanks to all of the people of this blog that continue to enlighten me about this (sometimes) confusing case. I stumbled across this blog sometime last week and haven’t been able to stay away! It’s refresh, refresh all day long….
redhedd –
i mostly love this blog, but hart’s piece is redolent with the stink of lazy-minded acceptance of old slanders against the american left.
there was nothing “irresponsible” about opposing CIA black ops in the 60’s, or lifting the veil on secret CIA operations insofar as the left was able to obtain accurate information about them.
the left of the 60’s and to some extent the 70’s was internationalist, not parochially, narrowly nationalist as most of the american left is today.
since the left at the time didn’t agree with the morality of promoting US interests at the expense of doing damage to innocent people in other places, they never accepted “responsibility” for propping up US intelligence operations — so even if left wing activists did harm to US interests in the process of opposing the american empire, there was nothing “irresponsible” about doing so.
in their moral framework, there was nothing “irresponsible” about what they did. in fact, it would have been irresponsible not to.
Thanks for the information Otis and Casey
from Think Progress
BREAKING: CBS To Report Fitzgerald Will Make His Decision Known Tomorrow
From the CBS Evening News, to air at 6:30PM:
CBSÂ’ JOHN ROBERTS: Lawyers familiar with the case think Wednesday is when special prosecutor Patrick Fitzgerald will make known his decision, and that there will be indictments. Supporters say Rove and the vice presidentÂ’s chief of staff, Scooter Libby, are in legal jeopardy. But they insisted today the two are secondary players, that it was an unidentified Mr. X who actually gave the name of CIA agent V alerie Plame to reporters. Fitzgerald knows who Mr. X is, they say, and if he isnÂ’t indicted, thereÂ’s no way Rove or Libby should be. But charges may not focus on the leak at all. Obstruction of justice or perjury are real possibilities. Did Rove or Libby change statements made under oath? Did they deliberately leave critical facts out of their testimony or did they honestly forget? Some Republicans urged Rove to step down if indicted. Not a happy prospect for president Bush.
I notice that Hart is repeating the same line that got Barbara Bush sued by Philip Agee – that Agee naming Welch caused his death.
The facts of the matter are that Welch had been ID’d as a CIA agent as early as 1968 and the December 17 group that killed him had also stalked his predecessor.
So I wonder if we’ll hear anything about sudden travel plans by Rove, Libby, Cheney et al.
Thank you, Otis. You are great to have around!
What is the point of sealing indictments if they are soon opened???
Usually the indictment is filed and sealed to provide enough time so law enforcement can get an arrest warant and find the bad guys before they flee or destroy evidence.
Sounds to me like Fitzgerald is looking to indict five people, and the assumption is that at least one of them is solid enough to almost be a gimme in terms of the grand jury actually indicting.
Who are the five most likely people? Libby, I’d assume, would be the most obvious.
oh, I hope, I hope, I hope…. justice wins.
A single indictment can charge many offenses as long as they are “joined”=”are of the same or similar character, or are based on the same act or transaction, or are connected with or constiitute parts of a common scheme or plan.”
A single indictment may charge 2 or more defendants if they are alleged to have participated in the same acts or transactions or series of acts or transcactions, constituting an offense or offenses. Def. may be charged in one or more counts together or spearately and each def. need not be charged in every count.
Basically, FRCrP 8.
Practically speaking, the deal making cooperators are sometimes charged in their own separate indictments, or in prosecutor’s informations. Or, Fitz could follow usual procedure and charge one big conspiracy naming everybody, including unindicted co-conspirs., and a bunch of little substantive counts (perjury & Obstruction) naming individual defs., all in the same indictment.
Otis–
What is the point of sealing indictments if they are soon opened???
rwcole: is it really possible to name a flock within one indictment?
Of course a conspiracy indictment could name a flock couldn’t it?
Otis: Thank you!
According to someone commenting at Steve’s blog, the indictments are per person, and each can contain multiple charges.
Reddhead:
YouÂ’re confusing irony with realpolitik.
Cheney was FordÂ’s Chief of Staff on Christmas Eve in 1975. A step up from his previous job with United States Office of Economic Opportunity (as a special assistant to Donald Rumsfeld), in the Nixon Administration.
And speaking of Rummy he could have been in DickÂ’s office when the call came in as he was the Secretary of Defense. He had moved upward from his position as Assistant to the President Nixon from 1971 to 1972 (later serving as Chairman of the transition to the Presidency of Gerald R. Ford.) He then became Chief of Staff of the White House and a member of the President’s Cabinet (1974-1975). He served as the 13th U.S. Secretary of Defense, the youngest in the country’s history (1975-1977).
And donÂ’t forget GHW Bush, head of the RNC during Watergate, the guy Nixon put in charge of stopping the leaks and the guy who delivered the request for resignation letter to Nixon. (How come no one ever really followed the money?).
He could have been sitting at the same desk when the call came in as he was returning from China and starting his new job as Head of the Central Intelligence Agency.
Perhaps Junior was there tooÂ…running around the office in his flight suitÂ…Vrrroooooommmm !!
Cui bono ?
Sounds like the same old dogs are still playing poker
~
Sealed indictments-are usually unsealed after the defendants have been arrested and are detained in custody, or at the latest, are unsealed in court when the defendants self-surrender and make their first appearance at their arraignment, to be formally put on notice of the charges against them, and to enter a plea of not guilty in answer the charges.
In this case I’m wondering if the indictments will be redacted in any way for the public. It is possible (but extraordinary) that court permission was sought to make full dislcosures only to the necessary parties(defendants and their lawyers) of anything that involves national security risks, etc. The defense lawyers would have to obtain security clearances for the case too, and they would be under strict court order about making dislcosures.
More likely, the indictments will be fairly vanilla in terms of the information they set forth about the charges. Pretty bland and straight forward.
Perjury & obstruction would require some particularlity in the indictment as to what specific statements were false or obstructed, who or which what proceeding, how they were material to that, when they were made, to whom, etc. But the indictment is only required to put the def. on notice of the elements of the charges. They don’t have to include a sweeping staement of historical facts, like an opening statement. . . .but sometimes they do, and it would be really nice to see it here.
Can more than five people be indicted if there are five indictments?
julie: fwiw, pure speculation:
From wikipedia:
A possibility has been raised by several sources that a death may have occurred as a result of this leak. Under the Espionage Act, this could lead to a death penalty case. The CIA Wall of Honor has stars representing agents killed on duty. Named stars are used where information is not classified, and anonymous stars are used when the agent’s name cannot be released. Below the stars is a chronological Book of Honor. An anonymous star was added to the wall between named stars that can be dated to deaths on February 5, 2003 and October 25, 2003. The anonymous star thus fits the timing of the Plame leak. Wayne Madsen, a reporter and former NSA employee, has claimed, “CIA sources report that at least one anonymous star placed on the CIA’s Wall of Honor at its Langley, Virginia headquarters is a clandestine agent who was executed in a hostile foreign nation as a direct result of the White House leak.”
ReddHedd, like your style, your imagery, and your prose: I hope you are feverishly working on The novel to capture the story of it (what a wonderful title your heading for this entry would make)? The world will need a comprehensive review of the people, events, plots and foibles of these past four years or so. If Judy Miller can earn around a million for her paltry recollection, my guess is you could pocket a well-earned five million … Go for it.
Julie:
The damage report is classified, and its contents have not been leaked.
The report was forwarded to the guy at DOJ who hired Fitz, so presumably, Fitz has that material.
It is widely speculated that this material formed at least in part Fitzy’s petition to the court to put Miller in jail to compel her testimony. Judge Tatel, in his concurring opinion granting Fitzy’s request re: Miller, spoke forcefully about the case Fitzy had submitted that serious crimes had been committed. His opinion included many redacted pages where he discusses classified material. It is widely speculated that those redacted pages deal at least in part with material contained in that CIA damage report.
An Actual Question.
Assuming there are some defendants, and there is a trial, what potential effects on national security could there be supposing the defendants adopt the favorite “we’re not really sure’s she’s a NOC and we can’t just take the CIA’s word for it” defense?
That could be potentially pretty traitorous, wouldn’t it?
I heard on CNN today that the CIA did a damage assessment when Ms. Wilson was outed and there was damage. Does anyone know anymore about what kind of damage? This is a great blog!
The “I didn’t know the gun was loaded” defense doesn’t work for the murderer. Anyone with the clearance to know the classified information should be responsible enough to know all the possible ramifications of leaking it. Period. If they cannot be held to this level of accountability, they have no business in the postion where that kind of information is available to them. Period.
I didn’t get all of what Ben-Veniste said, but Blitzer didn’t ask terrible questions. Blitzer did ask how this investigation compared with Starr’s and Ben Veniste said “No comparison between the two.” Starr:Joke. Fitz:Clarence Darrow.
as we get close to the endgame, things are going to be messier – rumours, leaks, sources so I’m not going to get all excited or all depressed until Fitz speaks.
Meanwhile, a good film to pass the time might be Costa-Gravas’ Z – both in light of mentions of the greek cia tale and also to remind us that this moment in history is not unique but rather yet another chance for free people to say no to corruption and fascism.
Sealed Indictments?
Let’s assume Steve Clemons’ source is good, for a moment.
What is the significance of sealed indictments? What do you make of this, Redd?
Would sealed indictments suggest Fitzy is not done? That he may extend the grand jury and call back some witnesses, as in Wonkette’s rumor? That the indictments contain too much classified material to release before they are scrubbed?
What is this endgame – or is it even an endgame?
Can we pop the champagne now or do we need to wait until the press conference? :)
Guess we know about where the boundry line is for a failed presidency. It’s about 48% job approval. Bush is now down to 42% according to Gallup- lower in most other polls.
CNN) — A majority would vote for a Democrat over President Bush if an election were held this year, according to a CNN/USA Today/Gallup Poll released Tuesday.
In the latest poll, 55 percent of the respondents said that they would vote for the Democratic candidate if Bush were again running for the presidency this year.
Thirty-nine percent of those interviewed said they would vote for Bush in the hypothetical election.
CNN
from Wonkette via DKos: Word on the rainy streets of Washington is that Patrick Fitzgerald will be recalling some witnesses soon. Conflicting word is that he will announce indictments Thursday. Whatever the case, things are ugly and it’s not just the weather.”
October 25, 2005
Indictments Coming Tomorrow; Targets Received Letters Today
An uber-insider source has just reported the following to TWN:
1. 1-5 indictments are being issued. The source feels that it will be towards the higher end.
2. The targets of indictment have already received their letters.
3. The indictments will be sealed indictments and “filed” tomorrow.
4. A press conference is being scheduled for Thursday.
The shoe is dropping.
More soon.
– Steve Clemons
(Posted by Raw Story)
Just posted on The Washington Note: http://www.thewashingtonnote.com
===============
Indictments Coming Tomorrow; Targets Received Letters Today
An uber-insider source has just reported the following to TWN:
1. 1-5 indictments are being issued. The source feels that it will be towards the higher end.
2. The targets of indictment have already received their letters.
3. The indictments will be sealed indictments and “filed” tomorrow.
4. A press conference is being scheduled for Thursday.
The shoe is dropping.
More soon.
===============
Richard Ben-Veniste, a Watergate prosecutor, is on CNN right now answering questions regarding the legal dynamics of Fitzmas.
Attached please find the Articles of Impeachment for Richard Nixon
The crimes in question here are almost identical:
Articles of Impeachment against Richard M. Nixon
Additional Readings for Feb. 18, 1999
RESOLVED, That Richard M. Nixon, President of the United States, is impeached for high crimes and misdemeanours, and that the following articles of impeachment to be exhibited to the Senate:
ARTICLES OF IMPEACHMENT EXHIBITED BY THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN THE NAME OF ITSELF AND OF ALL OF THE PEOPLE OF THE UNITED STATES OF AMERICA, AGAINST RICHARD M. NIXON, PRESIDENT OF THE UNITED STATES OF AMERICA, IN MAINTENANCE AND SUPPORT OF ITS IMPEACHMENT AGAINST HIM FOR HIGH CRIMES AND MISDEMEANOURS.
ARTICLE 1
In his conduct of the office of President of the United States, Richard M. Nixon, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his consitutional duty to take care that the laws be faithfully executed, has prevented, obstructed, and impeded the administration of justice, in that:
On June 17, 1972, and prior thereto, agents of the Committee for the Re-election of the President committed unlawful entry of the headquarters of the Democratic National Committee in Washington, District of Columbia, for the purpose of securing political intelligence. Subsequent thereto, Richard M. Nixon, using the powers of his high office, engaged personally and through his close subordinates and agents, in a course of conduct or plan designed to delay, impede, and obstruct the investigation of such illegal entry; to cover up, conceal and protect those responsible; and to conceal the existence and scope of other unlawful covert activities.
The means used to implement this course of conduct or plan included one or more of the following:
1. making false or misleading statements to lawfully authorized investigative officers and employees of the United States;
2. withholding relevant and material evidence or information from lawfully authorized investigative officers and employees of the United States;
3. approving, condoning, acquiescing in, and counselling witnesses with respect to the giving of false or misleading statements to lawfully authorized investigative officers and employees of the United States and false or misleading testimony in duly instituted judicial and congressional proceedings;
4. interfering or endeavouring to interfere with the conduct of investigations by the Department of Justice of the United States, the Federal Bureau of Investigation, the office of Watergate Special Prosecution Force, and Congressional Committees;
5. approving, condoning, and acquiescing in, the surreptitious payment of substantial sums of money for the purpose of obtaining the silence or influencing the testimony of witnesses, potential witnesses or individuals who participated in such unlawful entry and other illegal activities;
6. endeavouring to misuse the Central Intelligence Agency, an agency of the United States;
7. disseminating information received from officers of the Department of Justice of the United States to subjects of investigations conducted by lawfully authorized investigative officers and employees of the United States, for the purpose of aiding and assisting such subjects in their attempts to avoid criminal liability;
8. making or causing to be made false or misleading public statements for the purpose of deceiving the people of the United States into believing that a thorough and complete investigation had been conducted with respect to allegations of misconduct on the part of personnel of the executive branch of the United States and personnel of the Committee for the Re-election of the President, and that there was no involvement of such personnel in such misconduct: or
9. endeavouring to cause prospective defendants, and individuals duly tried and convicted, to expect favoured treatment and consideration in return for their silence or false testimony, or rewarding individuals for their silence or false testimony.
In all of this, Richard M. Nixon has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States.
Wherefore Richard M. Nixon, by such conduct, warrants impeachment and trial, and removal from office.
ARTICLE 2
Using the powers of the office of President of the United States, Richard M. Nixon, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in disregard of his constitutional duty to take care that the laws be faithfully executed, has repeatedly engaged in conduct violating the constitutional rights of citizens, impairing the due and proper administration of justice and the conduct of lawful inquiries, or contravening the laws governing agencies of the executive branch and the purposed of these agencies.
This conduct has included one or more of the following:
1. He has, acting personally and through his subordinates and agents, endeavoured to obtain from the Internal Revenue Service, in violation of the constitutional rights of citizens, confidential information contained in income tax returns for purposed not authorized by law, and to cause, in violation of the constitutional rights of citizens, income tax audits or other income tax investigations to be intitiated or conducted in a discriminatory manner.
2. He misued the Federal Bureau of Investigation, the Secret Service, and other executive personnel, in violation or disregard of the constitutional rights of citizens, by directing or authorizing such agencies or personnel to conduct or continue electronic surveillance or other investigations for purposes unrelated to national security, the enforcement of laws, or any other lawful function of his office; he did direct, authorize, or permit the use of information obtained thereby for purposes unrelated to national security, the enforcement of laws, or any other lawful function of his office; and he did direct the concealment of certain records made by the Federal Bureau of Investigation of electronic surveillance.
3. He has, acting personally and through his subordinates and agents, in violation or disregard of the constitutional rights of citizens, authorized and permitted to be maintained a secret investigative unit within the office of the President, financed in part with money derived from campaign contributions, which unlawfully utilized the resources of the Central Intelligence Agency, engaged in covert and unlawful activities, and attempted to prejudice the constitutional right of an accused to a fair trial.
4. He has failed to take care that the laws were faithfully executed by failing to act when he knew or had reason to know that his close subordinates endeavoured to impede and frustrate lawful inquiries by duly constituted executive, judicial and legislative entities concerning the unlawful entry into the headquarters of the Democratic National Committee, and the cover-up thereof, and concerning other unlawful activities including those relating to the confirmation of Richard Kleindienst as Attorney General of the United States, the electronic surveillance of private citizens, the break-in into the offices of Dr. Lewis Fielding, and the campaign financing practices of the Committee to Re-elect the President.
5. In disregard of the rule of law, he knowingly misused the executive power by interfering with agencies of the executive branch, including the Federal Bureau of Investigation, the Criminal Division, and the Office of Watergate Special Prosecution Force, of the Department of Justice, and the Central Intelligence Agency, in violation of his duty to take care that the laws be faithfully executed.
In all of this, Richard M. Nixon has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States.
Wherefore Richard M. Nixon, by such conduct, warrants impeachment and trial, and removal from office.
ARTICLE 3
In his conduct of the office of President of the United States, Richard M. Nixon, contrary to his oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, has failed without lawful cause or excuse to produce papers and things as directed by duly authorized subpoenas issued by the Committee on the Judiciary of the House of Representatives on April 11, 1974, May 15, 1974, May 30, 1974, and June 24, 1974, and willfully disobeyed such subpoenas. The subpoenaed papers and things were deemed necessary by the Committee in order to resolve by direct evidence fundamental, factual questions relating to Presidential direction, knowledge or approval of actions
demonstrated by other evidence to be substantial grounds for impeachment of the President. In refusing to produce these papers and things Richard M. Nixon, substituting his judgment as to what materials were necessary for the inquiry, interposed the powers of the Presidency against the the lawful subpoenas of the House of Representatives, thereby assuming to himself functions and judgments necessary to the exercise of the sole power of impeachment vested by the Constitution in the House of Representatives.
In all of th
ReddHedd
Saw this on Kos from Cousin Vinnie
This indictment document for Franklin looks like 1 indictment with multiple counts and defendants. Is that the way it’s done?
Stratfor (a personal favorite source of information and perspective) has a good writeup free of any hint of partisan agenda http://www.stratfor.com/produc…..?id=257167
The NY Times just posted what seems to be an update of yesterday’s article. They repeat the assertion that Cheney was under oath when he was questioned by Fitzgerald, this after having had time to back off the statement if it wasn’t true. The article also says:
“Some lawyers in the case have said Mr. Fitzgerald may face obstacles in bringing a false-statement charge against Mr. Libby. They said it could be difficult to prove that he intentionally sought to mislead the grand jury.”
This seems to me (not a lawyer) to be the easiest charge in the world to prove. Libby’s lawyer must be the source.
The second part of the story is that the outing was witting. Nobody, and I mean nobody, who has been involved in intelligence would believe that cleared officials would unwittingly identify a CIA agent in a conversation with a reporter.
Whether you like intelligence agents or not, their job is such that public identification makes them targets of hostile intelligence agencies. Forever. Here or abroad. This was not negligence, this was a crime.
That guy killed in greece was a piece of shit who was working to support the dictatorship in Greece and to suppress all movements for democracy and real social values. I don’t care that he was killed, and I think that it is a piss poor example of why this law was made. All the people around the world back then masquerading around as US AID agents who got killed, while they were teaching armies how to touture and helping dictators stay in power – they got what they deserved!