|
Let's ignore the treason/espionage business; it doesn't apply since it's unclear who the enemy was that profited from knowing Plame's status, or that Novak was doing it in order to help the enemy.
The law requires a number of things, even under a fairly naive reading. Among them: (1) you have to know an agent is covert (under the terms of the law itself) and (2) you had to have security clearance and obtained access to the classified information under the terms of that clearance.
If you didn't know Plame was covert, you could say she was CIA, and the law wouldn't apply (even though you would be nailed for violating the terms of your security clearance). Armitage seems to fall into this 'loophole' (even though it's not a loophole, but an important part of the law). He knew she was CIA, but not covert. Oops.
If you didn't have a security clearance, you could know Plame was covert and say so. The law simply doesn't apply. Novak.
The law was specifically written, it seems, to nail CIA agents that find out the names of covert agents and make them known, whether to help a foreign power, to get revenge on a particular person, or to hurt the CIA/US. It's not intended to go after civilians or those with clearances that make (or plausibly make) a mistake.
|