images-1.jpgCarol Leonnig in the WaPo:

Attorneys for Cheney and the other officials said any conversations they had about Plame with each other and reporters were part of their normal job duties because they were discussing foreign policy and engaging in an appropriate "policy dispute." Cheney's attorney went farther, arguing that Cheney is legally akin to the president because of his unique government role, and has absolute immunity from any lawsuit.

"So you're arguing there is nothing — absolutely nothing – these officials could have said to reporters that would have been beyond the scope of their employment [whether it was] true or false?," U.S. District Judge John D. Bates asked.

"That's true, your honor. Mr. Wilson was criticizing government policy," said Jeffrey S. Bucholtz, Deputy Assistant Attorney General for the Justice Department's civil division. "These officials were responding to that criticism."

Erwin Chemerinsky, a Duke University law professor who represents Wilson and Plame, said the leak was no typical policy debate. President Bush himself said that revealing Plame's identity could be illegal conduct and a firing offense, he told Bates.

So Shooter thinks he's above the law.  Color me flabbergasted. 

(Lew Koch will be on Peter Collins show talking abot the Padilla case at 6:30 pm ET.  Listen here.) 

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