The Hohlt Fax shows INTENT - A clear violation of the Intelligence Identities Protection Act!

[Dems Will Win]

"We need more human intelligence. That means we need more protection for the methods we use to gather intelligence and more protection for our sources, particularly our human sources, people that are risking their lives for their country. Even though I'm a tranquil guy now at this stage of my life, I have nothing but contempt and anger for those who betray the trust by exposing the name of our sources. They are, in my view, the most insidious of traitors." - George H. W. Bush


This Fax Bombshell that Rove and the WH knew about Novak's article 3 days before it was published PROVES INTENT. Intent is the big part of the Intelligence Identities Protection Act. If Bush or CHeney declassified her name they should have notified Plame. But they did not, even though they knew.

Hohlt confirmed to NEWSWEEK that he faxed the forthcoming column to their mutual friend Karl Rove (one of Novak's sources for the Plame leak), thereby giving the White House a heads up on the bombshell to come.

http://www.msnbc.msn.com/id/17202408/site/newsweek/

Since the pundit reason back in 2004 on why Fitz wouldn't indict on the IIPA was that he couldn't prove intent, this fax now shows CLEAR INTENT WITHOUT PROPER DECLASSIFICATION OF A NAME!

Why was Rove never indicted? Even though Fitz knew this?

Because Rove triumphantly gave the fax to Bush no doubt. Fitz didn't indict him in return for immunity on perjury and Obstruction.

What this fax bombshell means is that Fitz is likely going right for Bush.

It also explains why Bush lawyered up in June 2004. This is a direct violation of the IIPA which specifically mentions "intentionally discloses":

PROTECTION OF IDENTITIES OF CERTAIN UNITED STATES UNDERCOVER INTELLIGENCE OFFICERS, AGENTS, INFORMANTS, AND SOURCES
SEC. 601. <50 U.S.C. 421> (a) Whoever, having or having had authorized access to classified information that identifies a covert agent, intentionally discloses any information identifying such covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such covert agent and that the United States is taking affirmative measures to conceal such covert agent’s intelligence relationship to the United States, shall be fined under title 18, United States Code, or imprisoned not more than ten years, or both.

(b) Whoever, as a result of having authorized access to classified information, learns the identity of a covert agent and intentionally discloses any information identifying such covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such covert agent and that the United States is taking affirmative measures to conceal such covert agent’s intelligence relationship to the United States, shall be fined under title 18, United States Code, or imprisoned not more than five years, or both.

(c) Whoever, in the course of a pattern of activities intended to identify and expose covert agents and with reason to believe that such activities would impair or impede the foreign intelligence activities of the United States, discloses any information that identifies an individual as a covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such individual and that the United States is taking affirmative measures to conceal such individual’s classified intelligence relationship to the United States, shall be fined under title 18, United States Code, or imprisoned not more than three years, or both.

(d) A term of imprisonment imposed under this section shall be consecutive to any other sentence of imprisonment.


DEFENSES AND EXCEPTIONS
SEC. 602. <50 U.S.C. 422> (a) It is a defense to a prosecution under section 601 that before the commission of the offense with which the defendant is charged, the United States had publicly acknowledged or revealed the intelligence relationship to the United States of the individual the disclosure of whose intelligence relationship to the United States is the basis for the prosecution.

(b)(1) Subject to paragraph (2), no person other than a person committing an offense under section 601 shall be subject to prosecution under such section by virtue of section 2 or 4 of title 18, United States Code, or shall be subject to prosecution for conspiracy to commit an offense under such section.

(2) Paragraph (1) shall not apply (A) in the case of a person who acted in the course of a pattern of activities intended to identify and expose covert agents and with reason to believe that such activities would impair or impede the foreign intelligence activities of the United States, or (B) in the case of a person who has authorized access to classified information.

(c) It shall not be an offense under section 601 to transmit information described in such section directly to either congressional intelligence committee.

(d) It shall not be an offense under section 601 for an individual to disclose information that solely identifies himself as a covert agent.

In short, if Bush and/or Cheney decided to declassify a name or report, they would have to notify the CIA first as well as NOTIFY THE AGENT BEING DECLASSIFIED SO THEY COULD PROTECT THEMSELVES.

As this was not done, and there is a Damage Assessment that details the number of people killed as a result of Brewster Jennings being outed as well, it would appear that Fitz has built a strong case against Bush AND Cheney.

MERRY FITZMAS!

Recommend for Fitz!

[porphyrian]

1. I'll kick that. - n/t

[Dems Will Win]

2. The mystery as to why Rove was never indicted is now clear

Both he AND Ari Fleischer are turning state's evidence against Bush himself!

[Sabien]

27. conicidence? I think not!

Isn't this deal the reason why KKKarl Rove provided Fitz's "waivers/releases" to Matt Cooper and/or Walter Pincus which allowed them to testify to the grand jury?

[Rose Siding]

3. It would have to be proven that Rove knew she was covert. I'd LIKE to see

some investigative work done establishing that Rove was the ONLY one at the WH that had seen the fax from Hohlt.

[Dems Will Win]

7. The article itself stated that Wilson's wife worked at the CIA

So Rove knew 3 days before at least.

And Fitz has already done the investigative work, obvious from the fact that the fax went to Rove, Rove MUST have shown it to Bush, Fitz gave Rove immunity, and now Bush is living on borrowed time and knows it.

[Garbo 2004]

29. Rove knew Plame was CIA by July 8/9 when he spoke to Novak. He didn't learn anything from fax.

He already knew that Wilson's wife worked at the CIA and that Novak was going to publish. Rove didn't need Hohlt to tell him about a column he'd been a source for days before. (Rove and Novak were old buddies and Rove a long time source for Novak: Rove had been fired from Poppy's 1992 Presidential campaign for leaking inside info to Novak.)

Rove told FBI in October 2003 that he had "confirmed" to Novak that he'd also heard that Plame was CIA. FBI and DOJ doubted that's all there was to the conversation, but had no proof to contrary since Novak backed up Rove.

[Dems Will Win]

36. True, but the presence of a fax begs the question, did Bush hear of it?

The Hohlt fax is then an exhibit and can prove to a jury there was Presidential foreknowledge of the leak -- with Rove's testimony that he showed it or told Bush about it.

Conservations do not have the impact of hard proof that a document does. In this case it is a fax to the President's top political aide a year before the election, and Rove is theoretically testifying he told Bush about the Hohlt fax.

[Toots]

4. While you may wish it to be so, I doubt very seriously that Fitz is going after Bush*

Fitz is a Republican after all. Libby is fairly small potatoes and shows there is some slight effort for show purposes only that justice is indeed still functioning in America... It isn't..and Libby will never serve any real time before being pardoned and Bush* will live his life out thinking he was wonderful for America...The powers that be will continue on just as they have for the last fifty or so years and the rich will get even richer and the poor will get even poorer and America will be a hated country through out the world...

[capi888]

5. Fitz is NOT republican....

nor is he a Dem....He never has stated his political position.

[Dems Will Win]

6. Uh -- Fitz convicted Republican Gov. Ryan (IL)

[Dems Will Win]

8. Fitz has not let anything leak, including Ari's secret immunity--he has a secret case...

The fax of Novak's column to Rove proves Rove intentionally disclosed
the name of someone who was a CIA agent. Since Rove no doubt showed the fax triumphantly to Bush as proof they had given the shaft to Wilson, the President knew.

As Fitz had the goods already on Rove's perjury, which is clear, he got Rove to "flip" and gave him secret immunity, like Fleischer got.

Since Fitz didn't even bother with Rove in the Libby case it means he is saving all this up for a case against Bush. And don't forget that Bush lawyered up and no doubt took the Fifth when confronted by Fitz with this in June 2004.

I expect a Special Prosecutor report naming Bush and Cheney as unindicted co-conspirators in violation of the IIP Act now. Maybe fairly soon, by the summer!

[KoKo]

12. It's hard to believe that Rove would give up his "beloved Bush" to

implicate him, though. Unless he figured that the RW Noise Machine was powerful enough to deal with Fitz...later. The Victoria Toensing editorial in WaPo this a.m. attacking Fitz and the Grand Jury might be the start of this.

Create a groundswell to remove Fitz before he can do any more damage and Bush issues pardon to Rove/Libby. Rove squeals on Bush...but tells Bush he's done it and Bush gives him promises that he and Libby and Cheney will "GET OFF" and be highly compensated for their efforts? :shrug:

[hang a left]

17. I don't believe he took the fifth

I think he lied and obstructed through Sharp.

[Garbo 2004]

31. Again, Fitz has no authority to issue a report on the grand jury investigation..

Fitzgerald is not an Independent Counsel. Fitzgerald specifically addressed that point in his October 2005 press conference.

[Dems Will Win]

35. Garbo 2004 is correct. There is no "report" per se

If a person is indicted of a crime, he issues the indictment.

In the case of Bush and Cheney, he would release a set of indictments and in them he would name the Pres and VP as "unindicted co-conspirators" but there would be no report to Congress.

I am starting to believe this is what Fitz is doing.

Then somebody in Congress, say John Conyers, might notice the indictment had been issued and then they can write up articles of impeachment.

[hang a left]

14. Fitz is not a republican, not a registered one anyway.

However no one really knows where his allegiance lies. We shall see.

[The Doctor.]

16. We shall see. nt

[H2O Man]

21. Mr. Fitzgerald is not

a republican. Can you explain why you would say something that is absolutely not true?

[Dems Will Win]

32. It was an early rumor from 3 years ago...

[DearAbby]

23. Fitz is a Republican after all?

Fitz may be, But...He is also an AMERICAN. What was done should outrage each and every American. Country over Party. This is no ordinary Party trick, this is treason.

[tibbiit]

26. my worst fears also

i try to turn that into lemonade but its hard lol
tib

[Garbo 2004]

30. Fitzgerald is not a registered Repub or Dem. n/t

[bunny planet]

9. Kickedy kick kick

Kick
kick:
Because what I really want for Presidents' Day is a new Presdent (and a new Veep). This one is a criminal, in more ways than can even be counted.

[KoKo]

10. deleted by poster.

[postulater]

11. Oh, please, please, please, Fitz.

Go for the jugular!

[TroglodyteScholar]

13. Brewster Jennings damage assessment....

...has this damage assessment (or any parts of it) been released to the public? Would be interesting reading.

[hang a left]

15. I don't think anyone has received definitive confirmation of a

damage assessment. Fitz has stayed far and away from the topic, at least for the years that I have been following this case, I have never seen one.

If you have any other information regarding your claim, I would be most interested in seeing that.

Thanks

[Dems Will Win]

18. There is ALWAYS a Damage Assessment in a leak

So we know there is one. It will never be released as the release would cause even more damage. Al Martin reported 60 to 70 dead and there is one agent star added to the CIA Wall of Honor for the dead during that time.

That's all I know. It's hard to believe the outing of Brewster Jennings did not result in the killing of many informants however.

[hang a left]

20. I agree.

However everything that has been said has been rumor and innuendo. Including the over 70 dead which I have read many times with out any confirmation. To pretend that you know the outcome of the assessment is dishonest.

In fact I remember Fitz being asked specifically upon this subject (I think it was the news conference in October 05)and he stayed far and away from the topic.

The truth is we don't know. It could be 1 or 1000 people endangered or dead. Until there is some reliable release of information, to continue to spread that rumor is wrong.

And there is my buck fifty.

[UTUSN]

19. The part about faxing TO KKKarl was NOT testified-to in the trial. n/t

[DemReadingDU]

22. afternoon kick

[Disturbed]

24. Rethugs can claim that Valarie Plame was not Covert but

there is no doubt at all that Brewster Jennings was a Covert Operation. The fact that this Op was exposed is the Treason.

[yellerpup]

25. Let's go for it.

Toss the bastards out. No time to lose! K&R :kick:

[jaysunb]

28. They are all living on borrowed time

and they know it.....

I've been convinced for quite sometime now, that , Bush, Cheney and as many as a dozen others were a " Slam Dunk " for if nothing else , a case of conspiracy for Fitzgerald, but in his now predictable pattern, he is carefully and methodically tightening the noose.

It wont be long now....

[merh]

33. I think the trial has uncovered more than enough evidence

to justify impeachment proceedings.

[malaise]

34. Does Fitz still have a sealed indictment

My overloaded brain can't remember.

[Independent_Liberal]

37. Woohoo!!!!

Even if Rove doesn't get nailed by Fitzgerald, I have a feeling he'll get nailed in the Abramoff investigation. You know? All those secret meetings in the WH set up by Norquist. And the involvement of Ralston, Rove and Abramoff's personal secretary. Remember?