On May 17, 2007, U.S. District Judge John D. Bates heard oral arguments on Defendants' Cheney, Libby, Rove and Armitage’s motions to dismiss Joe and Valerie Wilson's complaint against them, as well as the motion to dismiss filed by the United States. The defendants’ arguments centered around their claim that each defendant is entitled to immunity from suit, because when they put into place their scheme to deliberately retaliate against Joe Wilson by revealing Valerie Wilson's status as a covert CIA operative, the law was not clearly established that doing so violated the Wilsons' constitutional rights. They also argued that the Wilsons’ constitutional claims, brought under the First and Fifth Amendments, are not viable. The United States argued that it should be substituted for the common law tort claims against the individual defendants for publicly disclosing private facts, because each of the defendants was acting within the scope of his employment when he revealed, or caused to be revealed, Valerie Wilson's status as a covert CIA operative. Erwin Chemerinsky, a Duke University law professor representing the Wilsons told the court, “This isn't a case where the government said mean things about Mr. Wilson. This is about revealing the secret status of his wife to punish Mr. Wilson. In the end, this is egregious conduct that ruined a woman's career and put a family in danger.” The Wilsons are now awaiting Judge Bate’s decision on the defendants’ motions. It is not expected before the end of the summer.
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