Shrug. I don't know whether she was 'a covert agent' according to the statutes of THAT law. This does not preclude other laws from stating that she was a covert agent for the purpose of enacting those laws.
As I've said before, we don't know where this is going to go yet.
But let's look at what the statute says exactly by breaking it down into small pieces.
Now, she doesn't fit under this part of the statute. This is pretty clear in that she didn't work outside of the US in the last five years; as far as we know, that is. But wait! An important part is coming up:
OR? You mean that there is an ALTERNATIVE definition of a covert agent? Let's see:
Well, her intelligence relationship certainly was classified information. let's go on:
Quote:(i) who resides and acts outside the United States as an agent of, or informant or source of operational assistance to, an intelligence agency,
There may be a point here. We don't know how this will be interpreted, because Plame DID operate outside of the US at one time. But who can say how it will be interpreted?
So we go on
Quote:(ii) who is at the time of the disclosure acting as an agent of, or informant to, the foreign counterintelligence or foreign counterterrorism components of the Federal Bureau of Investigation;
Hmm, well, she didn't work for the FBI as far as we know, so this doesn't seem to hold up either. Luckily, there is one further
Quote:(C) an individual, other than a United States citizen, whose past or present intelligence relationship to the United States is classified information and who is a present or former agent of, or a present or former informant or source of operational assistance to, an intelligence agency.
Well, I'm not sure Plame is a foriegn citizen. But is she considered to be an American citizen? There may be some leverage here.
All of this of course doesn't count the MUCH easier to prosecute Perjury and Conspiracy angles. We'll have to wait and see what happens.
Cycloptichorn