Newsinkling: Judge dismisses Plame’s lawsuit

Written by Biloxi
Donnerstag, 26 Juli 2007

Last week, Judge John D. Bates dismissed the lawsuit filed by former CIA officer Valerie Plame Wilson and her husband against Dick Cheney, Karl Rove, Scooter Libby, Richard Armitage and other top officials over the Bush administration's disclosure of Plame's covert name and covert status to the reporters.
Plame’s civil lawsuit alleged that Cheney, Libby, Rove and then-Deputy Secretary of State Richard L. Armitage violated the Wilsons’ privacy and constitutional rights by “participating in discussions that led to Plame's identity being publicly revealed.”

Judge Bates said that “Cheney and the others could not be held liable for the disclosures in the summer of 2003 in the midst of a White House effort to rebut criticism of the Iraq war by Plame’s husband, former ambassador Joe Wilson.” Judge Bates said that “such efforts are a natural part of the officials' job duties, and, thus, they are immune from liability.” "The alleged means by which defendants chose to rebut Mr. Wilson's comments and attack his credibility may have been highly unsavory," Judge Bates wrote in his filing. "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."

The Wilsons and their attorney were disappointed as the judge’s decision. They announced on July 20, 2007 that they will appeal the case. Melanie Sloan, executive director of the CREW and Wilsons’ attorney said "While we are obviously very disappointed by today’s decision, we have always expected that this case would ultimately be decided by a higher court. We disagree with the court's holding and intend to pursue this case vigorously to protect all Americans from vindictive government officials who abuse their power for their own political ends." Joe Wilson said that “this case is not just about what top government officials did to Valerie and me. We brought this suit because we strongly believe that politicizing intelligence ultimately serves only to undermine the security of our nation. Today's decision is just the first step in what we have always known would be a long legal battle and we are committed to seeing this case through."

Judge Bates had not dismissed the Wilsons’ lawsuit against Cheney and others, but this was the same judge that dismissed a case against Cheney in 2002. In 2002, Comptroller General David Walker, the head of the General Accounting Office, filed a suit “seeking information on the names of the energy executives consulted by the task force before it drew up its policy.” Walker’s interest in access to that information grew with the collapse of Enron Company in 2000, and lawmakers sought to “determine whether energy companies such as Enron had undue influence on the formation of the Bush administration's energy policy.” The Bush administration refused to provide most of the information to Congress, saying it was a “matter of privacy -- which the executive branch can consult with outsiders in confidentiality.”

The Wilsons’ civil lawsuit goes beyond violating their constitutional rights. The Bush administration has handpicked certain judges to overturn certain cases that are connected to a corrupted Administration. David Walker’s case is one example and Valerie Wilson’s case is another example. And there are more cases and victims whose cases were dismissed that are a connection to the Administration’s crimes. And that is why President Bush gave Dick Cheney executive privilege. Bush gave Cheney the same power and protection as his role as President: to cover up crimes.

http://www.newsinkling.org/cia-leak-investigation/judge-dismisses-plame-s-lawsuit-2.html