THEY'RE GETTING DESPERATE

MosesKnows, our resident stickler for the rule of law, has a question:

MosesKnows: is anyone here familar with the details of "identity protection act of 1982" enough to have an opinion whether it was violated?

MosesKnows: “covert agent” means 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;

Well, let's take a look at some wingnut talking points debunked, from Think Progress:

CLAIM — FITZGERALD WAS SUPPOSED TO BE INVESTIGATING THE INTELLIGENCE IDENTITIES PROTECTION ACT (IIDA): “On July 30, the CIA referred to the justice department, the leaking of Valerie Wilson or Valerie Plame’s name, for investigation under the — what’s it called? (Brit Hume: “Foreign Intelligence and Identities Act, very odd name”) There’s almost no chance I think that Rove or Libby are going to be prosecuted for violating that act.” [Bill Kristol, Fox News Sunday, 10/16/05]

FACT – THE JUSTICE DEPARTMENT DELEGATION TO FITZGERALD DIDN’T MENTION THE IIDA: “By the authority vested in the Attorney General by law, including 28 U.S.C. 509, 510, and 515, and in my capacity as Acting Attorney General pursuant to 28 U.S.C. 508, I hereby delegate to you all the authority of the Attorney General with respect to the Department’s investigation into the alleged unauthorized disclosure of a CIA employee’s identity, and I direct you to exercise that authority as Special Counsel independent of the supervision or control of any officer of the Department.” [Letter from James B. Comey, Acting Attorney General, to Patrick J. Fitzgerald, United States Attorney, 12/30/03]

FACT – FITZGERALD WAS GIVEN THE SAME AUTHORITY AS THE ATTORNEY GENERAL TO PROSECUTE ANY VIOLATION OF THE LAW: “The Department, in appointing Special Counsel Fitzgerald under “other law”, has afforded him independence by delegating all of the Attorney General’s authority with respect to the investigation and instructing him to exercise that authority independent of the control of any officer of the Department.” [GAO, 12/30/04]

FACT – THE CIA REFERRAL TO THE JUSTICE DEPARTMENT DIDN’T MENTION THE IIDA: ” But the CIA’s initial “crimes report” to the Justice Department requesting the leak probe never mentioned that law, says a former government official who requested anonymity because of the confidential material involved. Fitzgerald may be looking at other laws barring the disclosure of classified info or the possibility that current or former White House aides made false statements or obstructed justice.” [Newsweek, 8/1/05]

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CLAIM – VALERIE WILSON WASN’T AN UNDERCOVER AGENT: “Now, look, Fitzgerald has had two years, two years to answer a simple question, and that is, was the law violated by someone having willfully exposed a CI — an undercover CIA agent? Now, we know that wasn’t true. The, Valerie Plame wasn’t even an undercover agent at the time.” [Fred Barnes, Fox News, 10/15/05]

FACT – CIA SAYS WILSON WAS UNDERCOVER: “But within the C.I.A., the exposure of Ms. Plame is now considered an even greater instance of treachery. Ms. Plame, a specialist in nonconventional weapons who worked overseas, had ‘nonofficial cover,’ and was what in C.I.A. parlance is called a Noc, the most difficult kind of false identity for the agency to create.” [New York Times, 10/5/03]

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So, MK, not only is your question irrelevant to this investigation, but the CIA confirmed that Valerie Plame was undercover. I think it's time for you to shut the fuck up now.

JC