Plame affair - Wikipedia, the free encyclopedia
Civil suit
According to testimony given in the CIA leak grand jury investigation and United States v. Libby, Bush administration officials Richard Armitage, Karl Rove, and Lewis Libby discussed the employment of a then-classified, covert CIA officer, Valerie E. Wilson (also known as Valerie Plame) with members of the press.[2][25]
The Wilsons also brought a civil law suit against Libby, Dick Cheney, Karl Rove, and Richard Armitage, in Wilson v. Cheney.[26][27] On July 19, 2007, Wilson v. Cheney was dismissed in United States District Court for the District of Columbia.[28] On behalf of the Wilsons, Citizens for Responsibility and Ethics in Washington filed an appeal of the U.S. District Court's decision the following day.[29]
The civil suit was dismissed on July 19, 2007. In dismissing the suit, United States District Judge John D. Bates states:
The merits of plaintiffs' claims pose important questions relating to the propriety of actions undertaken by our highest government officials. Defendants' motions, however, raise issues that the Court is obliged to address before it can consider the merits of plaintiffs' claims. As it turns out, the Court will not reach, and therefore expresses no views on, the merits of the constitutional and other tort claims asserted by plaintiffs based on defendants' alleged disclosures because the motions to dismiss will be granted...The alleged means by which defendants chose to rebut Mr. Wilson's comments and attack his credibility may have been highly unsavory. But there can be no serious dispute that the act of rebutting public criticism, such as that levied by Mr. Wilson against the Bush Administration's handling of prewar foreign intelligence, by speaking with members of the press is within the scope of defendants' duties as high-level Executive Branch officials. Thus, the alleged tortious conduct, namely the disclosure of Mrs. Wilson's status as a covert operative, was incidental to the kind of conduct that defendants were employed to perform.[30]
Judge Bates ruled that the "plaintiffs have not exhausted their administrative remedies under the Federal Tort Claims Act, which is the proper, and exclusive, avenue for relief on such a claim." Bates ruled that the FTCA outlines the appropriate remedy since the FTCA "accords federal employees absolute immunity from common-law tort claims arising out of acts they undertake in the course of their official duties," and the "plaintiffs have not pled sufficient facts that would rebut the [FTCA] certification filed in this action."[30]
The Wilsons appealed that decision the next day. On August 12, 2008, the U.S. Court of Appeals for the District of Columbia Circuit upheld the District Court's ruling in a 2-1 decision.[31]
Main article: Plame v. Cheney#Appeal
The Wilsons have asked the U.S. Supreme Court to hear their appeal of the U.S. Court of Appeals ruling. On May 20, 2009, the Justice Department, in a brief filed by Solicitor General Elena Kagan, Assistant Attorney General Tony West, and Justice Department attorneys Mark B. Stern and Charles W. Scarborough, took the position that, "The decision of the court of appeals is correct and does not conflict with any decision of this Court or any other court of appeals,...Further review is unwarranted." Melanie Sloan, an attorney for the Wilsons and the executive director of the watchdog group Citizens for Responsibility and Ethics in Washington, released a statement that read, "We are deeply disappointed that the Obama administration has failed to recognize the grievous harm top Bush White House officials inflicted on Joe and Valerie Wilson...The government's position cannot be reconciled with President Obama's oft-stated commitment to once again make government officials accountable for their actions."[32]
According to the brief filed by the Justice Department:
"Petitioners allege that Novak's July 14, 2003 column publicly disclosed Ms. Wilson's covert CIA employment and that that disclosure 'destroyed her cover as a classified CIA employee.' Petitioners, however, allege that Novak's source was Armitage, and do not allege that any of the three defendants against whom Mr. Wilson presses his First Amendment claim-Cheney, Rove, and Libby-caused that column to be published. In the absence of factual allegations that Mr. Wilson's alleged injury from the public disclosure of his wife's CIA employment is 'fairly traceable' to alleged conduct by Cheney, Rove, or Libby, petitioners have failed to establish Article III jurisdiction over Mr. Wilson's First Amendment claim."[33]
On June 22, 2009, the U.S. Supreme Court announced, without comment, it would not hear an appeal to the U.S. Court of Appeals ruling.[34] According to a statement issued by CREW, the Supreme Court decision brings "the case to a close." In the statement, Melanie Sloan responded to the ruling:
"The Wilsons and their counsel are disappointed by the Supreme Courts refusal to hear the case, but more significantly, this is a setback for our democracy. This decision means that government officials can abuse their power for political purposes without fear of repercussion. Private citizens like the Wilsons, who see their careers destroyed and their lives placed in jeopardy by administration officials seeking to score political points and silence opposition, have no recourse."[35]
One of the dozens of crimes that Bush and company should have been removed from office for but hailed by Conservatives as "smart policy".
I didnt see Bush mentioned anywhere there. Sore loser much?