THIS GRAND JURY CHARGES THE CIA for making a boilerplate criminal referral to cover its derrierre.The CIA is well aware of the requirements of the law protecting the identity of covert officers and agents. I know, because in 1982, as chief counsel to the Senate intelligence committee, I negotiated the terms of that legislation between the media and the intelligence community. Even if Plame's status were "classified"--Fitzgerald never introduced one piece of evidence to support such status -- no law would be violated.There is no better evidence that the CIA was only covering its rear by requesting a Justice Department criminal investigation than the fact that it sent a boiler-plate referral regarding a classified leak and not one addressing the elements of a covert officer's disclosure.
Walton announced that not only did the jurors not know Mrs. Wilson's status but that he didn't know it, either. "I don't know, based on what has been presented to me in this case, what her status was," Walton said. "It's totally irrelevant to this case." Just so there was no mistake, on January 31 Walton said it again: "I to this day don't know what her actual status was." (From an article by Byron York, NR, 02/05/2007)
But in a letter to the Libby team last Tuesday, Fitzgerald's deputy, Kathleen Kedian, said the special prosecutor will not give up the referral — and that Libby simply did not need to know what was in it. "After consultation with the CIA, we advise that we view any such documents in our possession as not discoverable," Kedian wrote. "The documents remain classified and contain information compiled for law enforcement purposes that is neither material to the preparation of the defense, nor exculpatory as to Mr. Libby." (From an article by Byron York, NR, 02/27/2007)
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 ...