No Easy Answers

Sunday, May 27, 2007

Valerie Plame CIA Employment [Doc 350]


OCR Job - Skipping Exhibit B, as it is the transcript of Ms. Wilson's testimony at Waxman's hearing, and the text is available elsewhere.

My take, given the weak substance that Special Counsel has proffered as representing evidence of meeting the "covert" elements of IIPA, is that Ms. Wilson was -NOT- covert under the IIPA. Fitzgerald could have kept the question open by not proffering evidence, but this proffer shows the weakness of the "Plame was covert under the IIPA" position.

Making the assertion, "Plame was in fact covert under the IIPA," strikes me as a cheap and unnecessary shot - much as the use of "position was classified" being used as a smoke-screen to inflate the gravity of the Plame disclosure, and fingering Libby as "the first leaker." Neither contention is required to support the indictment, and neither contention was made in the indictment.

5/25/2007 349 ENTERED IN ERROR.....SENTENCING MEMORANDUM by USA as to I. LEWIS LIBBY (Bonamici, Debra) Modified on 5/29/2007 (hsj, ). (Entered: 05/25/2007)

05/25/2007 350 ENTERED IN ERROR.....SENTENCING MEMORANDUM by USA as to I. LEWIS LIBBY (Bonamici, Debra) Modified on 5/29/2007 (hsj, ). (Entered: 05/25/2007)

05/25/2007 NOTICE OF CORRECTED DOCKET ENTRY: ... Document Nos. 349, 350 were refiled by the Clerk because document should have been filed as one document. Counsel instructed not to refiled said pleading. (hsj, ) (Entered: 05/29/2007)

05/25/2007 351 MEMORANDUM of Law in Support of its Proposed Sentencing Guidelines Calculations by USA as to I. LEWIS LIBBY. (Attachments: # 1 Exhibit A# 2 Exhibit B)(hsj, ) (Entered: 05/29/2007)

Case 1:05-cr-00394-RBW     Document 351-1     Filed 05/25/2007     Page 1 of 30 EXHIBIT A

Case 1:05-cr-00394-RBW     Document 351-1     Filed 05/25/2007     Page 2 of 30


    The information in this document comes from records maintained in Privacy Act systems of records and therefore is protected under The Privacy Act, 5 U.S.C Sec. 552a.     On 1 January 2002, Valerie Wilson was working for the Central Intelligence Agency (CIA) as an operations officer in the Directorate of Operations (DO). She was assigned to the Counterproliferation Division (CPD) at CIA Headquarters, where she served as the chief of a CPD component which responsibility for weapons proliferation issues related to Iraq.     While assigned to CPD, Ms. Wilson engaged in temporary duty (TDY) travel overseas on official business. She traveled at least seven times to more than ten countries. When traveling overseas, Ms. Wilson always traveled under a cover identity-- sometimes in true name and sometimes in alias--but always using cover--whether official or non-official cover (NOC)--with no ostensible relationship to the CIA.     At the time of the initial unauthorized disclosure in the media of Ms. Wilson's employment relationship which the CIA on 14 July 2003, Ms. Wilson was a covert CIA employee for whom the CIA was taking affirmative measures to conceal her intelligence relationship to the United States.

Case 1:05-cr-00394-RBW     Document 351-1     Filed 05/25/2007     Page 3 of 30

    In August 2003, Ms. Wilson was assigned to a senior personnel position in CPD, where she supervised staffing, recruiting, and training for CPD. she had been selected for this position prior to the leak.     As a result of the leak and subsequent media reporting of Ms. Wilson's relationship with the CIA, in December 2003 the CIA lifted Ms. Wilson's cover effective 14 December 2003, and then in February 2004 the CIA rolled back her cover effective 14 July 2003, the date of the leak.     In September 2004, Ms. Wilson requested and received permission co be placed on leave without pay for personal reasons. She returned co duty in August 2005, when she became the chief of operations of a CPD component with responsibility for proliferation issues.     In October 2005, the CIA determined, in its discretion, that the public interest in allowing the criminal prosecution to proceed outweighed the damage to national security that might reasonably be expected from the official disclosure of Ms. Wilson's employment and cover status. Accordingly, the CIA lifted and rolled back Ms. Wilson's cover effective 1 January 2002 and declassified the fact of her CIA employment and cover status from that date forward.     This determination means that the CIA declassified and now publicly acknowledges the previously classified fact that


Case 1:05-cr-00394-RBW     Document 351-1     Filed 05/25/2007     Page 4 of 30

Ms. Wilson was a CIA employee from 1 January 2002 forward and the previously classified fact that she was a covert CIA employee during this period. This determination does not mean that the CIA acknowledges any other period of employment, if any, nor does it declassify the nature and details of Ms. Wilson's cover, the cover methods employed by the CIA to protect Ms. Wilson or other covert CIA employees, or the fact, nature, and details of Ms. Wilson's classified intelligence activities as a CIA employee at any time during her employment.     Valerie Wilson resigned from the CIA on 9 December 2005.


Case 1:05-cr-00394-RBW     Document 351-1     Filed 05/25/2007     Page 5 of 30 EXHIBIT B [skipped]

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