Jack Kelly has a long piece about Plamegate and what Judith Miller is protecting. This is worth more coverage, as it is such a hot topic. He writes:
The two great questions in PlameGate are:
1. Why is the special prosecutor, Patrick Fitzgerald, pursuing this case so vigorously, when there is little likelihood that the leaker or leakers committed a crime?
2. Who is New York Times reporter Judith Miller protecting? Why?
These questions may be answered in the fullness of time, but they also may not.
He then speculates about what it is all about:
Fitzgerald already has a major bone to pick with Miller. He believes she materially and dangerously impeded his investigation into a terrorist-financing scheme run by the Holy Land Foundation.
When Miller found out that Fitzgerald was on the verge of indicting Holy Land, she called the Foundation for comment -- and right after her call Fitzgerald believes the Foundation may have commenced a shredding party that ensured prosecutors would find little paperwork to go on when they raided the Holy Land offices.
Fitzgerald's motivations are key. There is nothing in his biography to indicate that he is either an idiot, or a left-wing zealot.
If Fitzgerald is not an idiot, he must know that it will be all but impossible to prove that the leaker or leakers committed a crime.
To prove a violation of the Intelligence Identities Protection Act, which was passed in 1982 in response to rogue CIA officer Philip Agee's publication of undercover CIA officers, one of whom was later assassinated, Fitzgerald must prove:
First, that the leaker obtained his or her information about the covert status of a CIA operative from authorized sources. Cocktail party gossip doesn't count. This is why I don't think Miller is the leaker. I'm sure she knew of Plame's identity. But as a journalist, she has no authorized access to classified information. And if Luskin is telling the truth, it also takes Rove off the hook. If he didn't know Valerie Plame's name, he must have found out about her from an unofficial source. No one is listed on the NOC list as "Joe Wilson's wife."
Second, Fitzgerald must prove that the purpose of the leak was to out Valerie Plame. The context of Rove's conversation with Cooper, as recounted both by Luskin and by Cooper's own notes, indicates that that wasn't his purpose. It's highly doubtful that Judy Miller or Novak's CIA source intended for harm to come to Plame, either.
Third, Fitzgerald must prove that Plame is a "covert agent" under the statute. The statute defines a covert agent as someone who is operating under cover overseas, or who has done so in the last five years. But Plame -- who was outed by (CIA traitor) Aldrich Ames in 1994 -- has been manning a desk at Langley since 1997. Math is not a long suit for most journalists, but it isn't hard to determine that 2003 is six years after 1997.
Finally, Fitzgerald has to prove that Plame's occupation was a secret until Novak disclosed it. Since an awful lot of journalists on the D.C. cocktail party circuit knew it, that's a tough row to hoe.
So if Fitzgerald isn't pursuing a vendetta against Miller, he must be pursuing a related crime. Perhaps someone fudged, or lied outright, in grand jury testimony, and Fitzgerald can hang them on a Martha Stewart offense.
If so, I doubt that Rove lied. A first year law school student should be able to get him off on the leaking rap, so he'd be a fool to lie. The worst that could happen to him is that he'd get fired, and he'd have no difficulty finding other, more lucrative employment.
It's also pretty plain that Miller is protecting someone else, and -- if Fitzgerald isn't just being a jerk -- he's done something pretty bad. I think the biggest shoes are yet to drop in this case, and that the news media won't like them when they do.