Wilson Case Dismissed
By Jim Marcinkowski on July 23, 2007 at 3:49 PM in CIA, Current Affairs, Intelligence, Joseph Wilson, Plamegate
Posted by Jim Marcinkowski
SECRET/NOFORN/NOMORONS/NOREPUBS/NOPOLITOCOS/NOHACKS
TO: CIA STATIONS WORLDWIDE
FM: LEGAL COUNSEL – LANGLEY, VIRGINIA
RE: DISMISSAL OF WILSON/PLAME DISCLOSURE CASE – SUMMARY
REF: Valerie Plame Wilson et al v. I. Lewis Libby, et al.
As you are no doubt aware, last week Judge John D. Bates of the federal district court in WDC dismissed the Wilson case. While you operate overseas in a cover capacity and risk your life and that of your family members in various Third World “armpits” around the globe, please know that we here in WDC are fighting for you. Our battle here in Washington is with a White House that thinks it is above the law and a federal bureaucracy and national media that backs them up. None of the key players in Office of the President or Vice President have any clandestine experience. In fact, hardly any have even a military background. We make this point to make sure you are aware of what we here are up against.
Simply put, we are under attack from all quarters from very effective morons that can’t get their arms around the covert intelligence collection process. The examples are endless. We all know that we were right on with our assessments on Iraq, yet those portions of our product that contradicted White House policy were suppressed and the facially supportive sections declassified and released to the public. The Bozos trying to play spy at the Pentagon, like Doug Feith, were allowed to get away with the largest swindle of American public opinion we can remember. And we have recently been confronted by another “useful idiot” of the conservative right-wing nuts, Rowan Scarborough and his book “America’s Enemies Within the CIA,” who questions our patriotism.
It is not a good day to risk your life for our country. But you probably already know that. And you have more than a full understanding of the countless misperceptions of our work. After all, many of you have lived these events, not from the comfort of your living room in the good ole US of A. But you are as resilient as you are committed to this country and therefore can take yet another blow from your own government.
The following is a summation of the ruling in the Wilson case. Substantial internal contradictions and other absurdities have been ignored to present a mere general overview.
• Wilson can’t sue because the only way to preserve national security is to protect those people that breach national security from ever talking about it because talking about breaching national security would breach national security and breaching national security is very, very serious.
• The Vice President cannot be sued for violating the Privacy Act and/or the Intelligence Identities Protection Act of 1982 and/or the United States Constitution because those things are clearly within the scope of the Vice President’s employment.
• In purely legal terms there is no distinction between an overturned denial of social security benefits (OP. pg. 13 and 14) with catching a .45 magnum slug at the base of your skull in Cairo.
• While the Wilson claims “pose important questions” (like life and death in the clandestine service) they are trumped by the apparently even more important procedural questions like the following:
• A violation of a constitutional right claim cannot be brought where there is another possible course of action or remedy, like the Privacy Act. But, while a Privacy Act claim cannot be brought against the Office of the Vice President, it can serve as a reason to dismiss the constitutional claim against him. Get it? (OP. pg. 25).
• A covert agent is not entitled to Equal Protection under the law because he or she would have to show that he or she was treated differently than other covert agents. Wilson “would need to introduce evidence pertaining to the Government’s treatment of other covert agents whose espionage relationships have not been acknowledged — evidence that might reveal the identities of those agents.” (OP. pg. 31 and 32) [Henceforth, if you are killed in the line of duty, before we can carve your star in the wall, there will be an official headcount of all Agency personnel still alive].
• And that Due Process thing. Forget it. Wilson’s “substantive due process claim depends upon whether (the White House by revealing her covert identity) increased the danger of third-party violence against (them).” The resolution of these claims therefore might require an exploration into Mrs. Wilson’s specific duties as a covert operative.” (OP. pg. 33). [Apparently, Tony “No Teeth” Zamboni from Brooklyn was not available to testify as an expert witness as to the danger of being exposed].
• In a brilliant moment of clarity it was stated that “Even a small chance that some court will order disclosure of a source’s identity could well impair intelligence gathering.” (OP. pg. 33 and 34). Well we certainly don’t want that to happen….again. Case dismissed.
• It was concluded that the “alleged tortious conduct, namely the disclosure of Mrs. Wilson’s status as a covert operative, was incidental to the kind of conduct that (members of the White House) were employed to perform.” (OP. pg. 39). You should take confidence in knowing that we have initiated full corrective measures. When the President underwent his delicate procedure this past Saturday, Mr. Cheney was not given the real nuclear alert codes on the chance that he may have “incidentally” handed them over to the Chinese.
• In 1971 the U.S. Supreme Court (Bivens v. Unknown Federal Agents) stated that “it is . . . well settled that where legal rights have been invaded, and a federal statute provides for a general right to sue for such invasion, federal courts may use any available remedy to make good the wrong done.” In other words, where there is no remedy, the court may provide one. We are confident that the Wilson decision will be overturned on appeal since the 43 page opinion dismissing for lack of a remedy is also the best case for why the court should provide one.
First Amendment? No. Equal Protection? No. Due Process? No. Now some of you may interpret this as a CIA undercover officer having no more rights than the detainees of Guantanamo and other facilities. That is absolutely not the case. Let me make a number of clear distinctions as to why this is not so 99dh
Hue*27799sssss XXXNjjuudoooooAllallLdldldlllllldlldthtueuusnnnnnentnnntnntN
FHMS/nnnntnnntnntnntnntnntnJnA’[ASLlslLmIIislllaooaooOahngGNWU&%()#)0
(If any portion of this message appears garbled please see your systems administrator).
It’s been repeated throughout history that laws are like a spiders’ web, which may catch small mosquitoes but lets wasps and hornets break through. This is nothing new and these times will pass.
Finally, let’s redouble our efforts in our fight to protect this country and the cherished constitutional principles upon which it was founded.
Good luck and God speed.
FIELD RECOMMENDATION NOTE: WHILE THE REPUBLICANS CONTROL THE WHITE HOUSE, KEEP TWO HANDS OVER IT.
SECRET/NOFORN/NOMORONS/NOREPUBS/NOPOLITOCOS/NOHACKS
, the basis for the Best Motion Picture Nominee (Golden Globes) starring Brad Pitt.
, the novel by John Le Carre, a new motion picture starring Gary Oldman and Colin Firth.
by 
* (Included in the 
* 
.by David Fredosso who wrote 2008's 
- You'll have access to 18 million movies, TV shows, songs, magazines, and books, as well as ultra-fast Web browsing with Amazon Silk -- faster than iPad. Full e-mail and document access and a keyboard. Fire can transmit what is on your screen onto a connected TV or monitor without an accessory. It runs Flash (iPad doesn't). 
