Balkinization  

Tuesday, September 30, 2003

JB

Precision Worthy Of A Lawyer

Columnist Robert Novak reported in July that Valerie Plame, the wife of diplomat Joseph Wilson, was an undercover CIA operative specializing in weapons of mass destruction. Wilson believes that his wife's name was publicized by administration officials either to discredit him or as revenge for Wilson's statement that the Bush Administration exaggerated intelligence claims in order to justify the Iraqi war. The Justice Department is now investigating the matter.

In a recent statement, Novak defended the Bush Administration

"Nobody in the Bush administration called me to leak this," Novak said on CNN's "Crossfire," of which he is a co-host. "There is no great crime here."

"They asked me not to use her name, but never indicated it would endanger her or anybody else. According to a confidential source at the CIA, Mrs. Wilson was an analyst, not a spy, not a covert operative and not in charge of undercover operators," Novak said.


What Novak did not say is as important as what he did say. He did not say that Bush Adminstration officials did not leak the information to him. Rather, he said that they did not call him to leak it. He did not say that they mistakenly divulged the information in a slip of the tongue. Rather he said that after disclosing the information, they asked him not to divulge it.

This is completely consistent with Administration officials intending to leak the information to discredit or seek revenge against Wilson by revealing his wife's identity as a CIA operative. Officials do not have to call columnists like Novak to leak information; rather the columnists are continuously attempting to contact them. Officials know this. Moreover, to reveal such information in the course of a conversation about another topic is probably the most prudent way to leak information. Finally, a request not to disclose the information is not the same as a demand that the information not be disclosed or the reporter will suffer consequences.

Like any good journalist, Novak is defending his sources. He is not only defending their identities, but also any claim that the officials have violated the law by deliberately leaking the information. However, read carefully, what he said is not an adequate defense.


UPDATE: Compare Novak's recent statement with the one published shortly after his story appeared, on July 22 (thanks to Atrios for the link):

Novak, in an interview, said his sources had come to him with the information. "I didn't dig it out, it was given to me," he said. "They thought it was significant, they gave me the name and I used it."




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