WORLD / America
Plame lawsuit dismissed in CIA leak case
(AP)
Updated: 2007-07-20 09:03
WASHINGTON - Former CIA operative Valerie Plame lost a lawsuit Thursday
that demanded money from Bush administration officials whom she blamed
for leaking her agency identity.
Plame, the wife of former Ambassador Joseph Wilson, had accused Vice
President Dick Cheney and others of conspiring to disclose her identity
in 2003. Plame said that violated her privacy rights and was illegal
retribution for her husband's criticism of the administration.
U.S. District Judge John D. Bates dismissed the case on jurisdictional
grounds and said he would not express an opinion on the constitutional
arguments.
Bates dismissed the case against all defendants: Cheney, White House
political adviser Karl Rove, former White House aide I. Lewis "Scooter"
Libby and former Deputy Secretary of State Richard Armitage.
Plame's lawyers said from the beginning the suit would be a difficult
case to make. Public officials normally are immune from such suits filed
in connection with their jobs.
Plame's identity was revealed in a syndicated newspaper column in 2003,
shortly after Wilson began criticizing the administration's march to war
in Iraq.
Armitage and Rove were the sources for that article, which touched off a
lengthy leak investigation. Nobody was charged with leaking but Libby was
convicted of lying and obstruction the investigation. Bush commuted
Libby's 2 1/2-year prison term before the former aide served any time.
"This just dragged on the character assassination that had gone on for
years," said Alex Bourelly, one of Libby's lawyers. "To have the case
dismissed is a big relief."
Plame and Wilson pledged to appeal.
"This case is not just about what top government officials did to Valerie
and me." Wilson said in a statement. "We brought this suit because we
strongly believe that politicizing intelligence ultimately serves only to
undermine the security of our nation."
Though Bates said the case raised "important questions relating to the
propriety of actions undertaken by our highest government officials," he
said there was no legal basis for the suit.
Lawyers have said courts traditionally are reluctant to wade into these
types of cases, particularly when Congress has established other
resolutions.
In this case, Bates said, Congress passed the Privacy Act to cover many
of Plame's claims. Courts have held that the Privacy Act cannot be used
to hold government officials personally liable for damages in court.
Bates also sided with administration officials who said they were acting
within their job duties. Plame had argued that what they did was illegal
and outside the scope of their government jobs.
"The alleged means by which defendants chose to rebut Mr. Wilson's
comments and attack his credibility may have been highly unsavory," Bates
wrote.
"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," Bates said.
Rove's lawyer, Robert Luskin, said Rove was pleased to have the case
behind him.
"The risk of being liable for personal damages is not something anybody
takes lightly," Luskin said.
Bates, a former Whitewater prosecutor, was appointed to the bench in 2001
by Bush.
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