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Fitzgerald Investigation of Leak of Identity of CIA Agent

 
 
Ticomaya
 
  1  
Reply Wed 28 Nov, 2007 09:41 pm
Cycloptichorn wrote:
I've never seen you claim before that there was a complete lack of evidence in the case. Do you claim that now, or was that a hypothetical?

Cycloptichorn


I don't know how much evidence there was, other than not enough.
0 Replies
 
okie
 
  1  
Reply Thu 29 Nov, 2007 01:00 am
Ticomaya wrote:
Advocate wrote:


[url=http://www.able2know.org/forums/viewtopic.php?p=2949954#2949954]But a little over a week ago, Advocate[/url] wrote:
...

There is zero evidence that Plame was any kind of expert on Iraq's WMD, or lack thereof.


Come now ... which is it?


Bingo, Ticomaya. I think this is so instructive, and I am going to post this the third time:

okie wrote:
To dredge up old history, I ran across this, quoting what Valerie Plame herself said about Saddam Hussein and WMD when we invaded Iraq. This question and answer is in regard to her book.

http://www.washingtonpost.com/wp-dyn/content/discussion/2007/10/29/DI2007102901429.html

"Annapolis, Md.: Thanks for participating in the discussion. I have a question concerning the Bush administration's assertion that Iraq had weapons of mass destruction. They claim that as far as they knew the intelligence services were all certain that Iraq had them and that they could be a danger to us. What was your opinion before the invasion (and that of your fellow analysts), did you believe Iraq had weapons of mass destruction?

Valerie Plame: We certainly knew that Saddam was an evil tyrant who had used WMD on his own people. We knew that in the shadow of 9/11, it would not have been prudent to give him the benefit of the doubt. He was clearly up to no good. As the invasion of Iraq was launched in March 2003, my greatest fear was the I and my former CIA colleagues had somehow missed a WMD cache, or we just didn't find the right scientist to talk to so as to understand the state of their WMD programs. I was beside myself thinking of the potential WMD threats to US troops that we had not found. "
0 Replies
 
Roxxxanne
 
  1  
Reply Thu 29 Nov, 2007 01:09 am
Get a room.
0 Replies
 
Advocate
 
  1  
Reply Thu 29 Nov, 2007 10:26 am
Ticomaya wrote:
Advocate wrote:


[url=http://www.able2know.org/forums/viewtopic.php?p=2949954#2949954]But a little over a week ago, Advocate[/url] wrote:
...

There is zero evidence that Plame was any kind of expert on Iraq's WMD, or lack thereof.


Come now ... which is it?



I don't know how that sentence got in there. It is certainly NOT in accord with everything else I have said in this and other threads. I recall once before that, somehow, my words were changed.
0 Replies
 
Cycloptichorn
 
  1  
Reply Thu 29 Nov, 2007 10:32 am
Ticomaya wrote:
Cycloptichorn wrote:
I've never seen you claim before that there was a complete lack of evidence in the case. Do you claim that now, or was that a hypothetical?

Cycloptichorn


I don't know how much evidence there was, other than not enough.


Would you agree that this sort of case is far more difficult to prosecute than one which does not involve highly placed government officials - who are given immunity from jail time?

Cycloptichorn
0 Replies
 
Ticomaya
 
  1  
Reply Thu 29 Nov, 2007 10:50 am
Cycloptichorn wrote:
Ticomaya wrote:
Cycloptichorn wrote:
I've never seen you claim before that there was a complete lack of evidence in the case. Do you claim that now, or was that a hypothetical?

Cycloptichorn


I don't know how much evidence there was, other than not enough.


Would you agree that this sort of case is far more difficult to prosecute than one which does not involve highly placed government officials - who are given immunity from jail time?

Cycloptichorn


I don't understand your question.
0 Replies
 
Cycloptichorn
 
  1  
Reply Thu 29 Nov, 2007 10:52 am
Ticomaya wrote:
Cycloptichorn wrote:
Ticomaya wrote:
Cycloptichorn wrote:
I've never seen you claim before that there was a complete lack of evidence in the case. Do you claim that now, or was that a hypothetical?

Cycloptichorn


I don't know how much evidence there was, other than not enough.


Would you agree that this sort of case is far more difficult to prosecute than one which does not involve highly placed government officials - who are given immunity from jail time?

Cycloptichorn


I don't understand your question.


Really?

Rephrased: is it more difficult for a prosecutor to gather the evidence he needs when almost all the suspects involved have immunity to normal prosecutorial evidence gathering techniques?

Cycloptichorn
0 Replies
 
Ticomaya
 
  1  
Reply Thu 29 Nov, 2007 10:58 am
Cycloptichorn wrote:
Ticomaya wrote:
Cycloptichorn wrote:
Ticomaya wrote:
Cycloptichorn wrote:
I've never seen you claim before that there was a complete lack of evidence in the case. Do you claim that now, or was that a hypothetical?

Cycloptichorn


I don't know how much evidence there was, other than not enough.


Would you agree that this sort of case is far more difficult to prosecute than one which does not involve highly placed government officials - who are given immunity from jail time?

Cycloptichorn


I don't understand your question.


Really?

Rephrased: is it more difficult for a prosecutor to gather the evidence he needs when almost all the suspects involved have immunity to normal prosecutorial evidence gathering techniques?

Cycloptichorn


That's like asking whether it's more difficult to prosecute a murder or a petty theft. You either have the evidence or you don't. If you don't have the evidence, you cannot prove a crime. Stop making excuses for Fitzgerald. He couldn't prove the case ... period.
0 Replies
 
Cycloptichorn
 
  1  
Reply Thu 29 Nov, 2007 11:01 am
Ticomaya wrote:
Cycloptichorn wrote:
Ticomaya wrote:
Cycloptichorn wrote:
Ticomaya wrote:
Cycloptichorn wrote:
I've never seen you claim before that there was a complete lack of evidence in the case. Do you claim that now, or was that a hypothetical?

Cycloptichorn


I don't know how much evidence there was, other than not enough.


Would you agree that this sort of case is far more difficult to prosecute than one which does not involve highly placed government officials - who are given immunity from jail time?

Cycloptichorn


I don't understand your question.


Really?

Rephrased: is it more difficult for a prosecutor to gather the evidence he needs when almost all the suspects involved have immunity to normal prosecutorial evidence gathering techniques?

Cycloptichorn


That's like asking whether it's more difficult to prosecute a murder or a petty theft. You either have the evidence or you don't. If you don't have the evidence, you cannot prove a crime. Stop making excuses for Fitzgerald. He couldn't prove the case ... period.


Weak retreat from an easy question. You could have just as easily said yes.

We have a system in which prosecutors have methods with which they find out information that is hidden from them; in 99% of cases, the president does not pardon the liar from jail time in order to prevent him from spilling the beans.

Without access to the techniques that modern prosecutors use, it's hardly fair to blame Fitz for being unable to prove a case - one in which the laws in question hold a super-high evidential bar as well.

Cycloptichorn
0 Replies
 
Advocate
 
  1  
Reply Thu 29 Nov, 2007 11:47 am
Every day there are probably about a thousand criminal cases around the country that are nolle prosequi for one reason or another. It is especially problematic with regard to special prosecutors, who are subject to politics and intensive public scrutiny.
0 Replies
 
Ticomaya
 
  1  
Reply Thu 29 Nov, 2007 12:09 pm
Cycloptichorn wrote:
Weak retreat from an easy question. You could have just as easily said yes.

We have a system in which prosecutors have methods with which they find out information that is hidden from them; in 99% of cases, the president does not pardon the liar from jail time in order to prevent him from spilling the beans.

Without access to the techniques that modern prosecutors use, it's hardly fair to blame Fitz for being unable to prove a case - one in which the laws in question hold a super-high evidential bar as well.

Cycloptichorn


It's a stupid question. That's like asking: "Is it easier to prove a case when the defendant confesses?"

I don't blame Fitzgerald for not being able to prove his case. Prosecutors are often asked to look at cases they cannot prove. The fact that he couldn't prove his case doesn't mean he's a bad prosecutor. And it most certainly doesn't prove -- contrary to what you would like for us to believe -- that a crime was committed.
0 Replies
 
Cycloptichorn
 
  1  
Reply Thu 29 Nov, 2007 12:15 pm
Ticomaya wrote:
Cycloptichorn wrote:
Weak retreat from an easy question. You could have just as easily said yes.

We have a system in which prosecutors have methods with which they find out information that is hidden from them; in 99% of cases, the president does not pardon the liar from jail time in order to prevent him from spilling the beans.

Without access to the techniques that modern prosecutors use, it's hardly fair to blame Fitz for being unable to prove a case - one in which the laws in question hold a super-high evidential bar as well.

Cycloptichorn


It's a stupid question. That's like asking: "Is it easier to prove a case when the defendant confesses?"

I don't blame Fitzgerald for not being able to prove his case. Prosecutors are often asked to look at cases they cannot prove. The fact that he couldn't prove his case doesn't mean he's a bad prosecutor. And it most certainly doesn't prove -- contrary to what you would like for us to believe -- that a crime was committed.


I don't recall claiming that Fitz's failure to prove the case, proves there was a crime committed.

I have claimed that the crime in question had an extremely high burden of proof as compared to many other crimes, and also had a group of defendants who enjoyed significant and special protections from normal legal techniques for finding out the truth.

This lends credence to my claim, which is the opposite of what you have written, in fact: that the failure to bring charges does not prove that a crime wasn't committed - as Okie and others would have us believe.

Cycloptichorn
0 Replies
 
cicerone imposter
 
  1  
Reply Thu 29 Nov, 2007 12:17 pm
Some people can't see the simple fact that a CIA agent was outed. The motives are too simple for some to evaluate. If it had happened in the reverse, any dem outed a CIA agent in similar circumstances, the conservatives would be crying blood murder!

They'd rather live in fairy land.
0 Replies
 
Ticomaya
 
  1  
Reply Thu 29 Nov, 2007 12:39 pm
Cycloptichorn wrote:
Ticomaya wrote:
Cycloptichorn wrote:
Weak retreat from an easy question. You could have just as easily said yes.

We have a system in which prosecutors have methods with which they find out information that is hidden from them; in 99% of cases, the president does not pardon the liar from jail time in order to prevent him from spilling the beans.

Without access to the techniques that modern prosecutors use, it's hardly fair to blame Fitz for being unable to prove a case - one in which the laws in question hold a super-high evidential bar as well.

Cycloptichorn


It's a stupid question. That's like asking: "Is it easier to prove a case when the defendant confesses?"

I don't blame Fitzgerald for not being able to prove his case. Prosecutors are often asked to look at cases they cannot prove. The fact that he couldn't prove his case doesn't mean he's a bad prosecutor. And it most certainly doesn't prove -- contrary to what you would like for us to believe -- that a crime was committed.


I don't recall claiming that Fitz's failure to prove the case, proves there was a crime committed.

I have claimed that the crime in question had an extremely high burden of proof as compared to many other crimes, and also had a group of defendants who enjoyed significant and special protections from normal legal techniques for finding out the truth.

This lends credence to my claim, which is the opposite of what you have written, in fact: that the failure to bring charges does not prove that a crime wasn't committed - as Okie and others would have us believe.

Cycloptichorn


What is the basis for your claim that the burden of proof in this case was higher than any other case?
0 Replies
 
Ticomaya
 
  1  
Reply Thu 29 Nov, 2007 12:40 pm
cicerone imposter wrote:
Some people can't see the simple fact that a CIA agent was outed. The motives are too simple for some to evaluate. ...


Some of us just don't have simple enough minds, c.i.

You, however, are the right man for the job.
0 Replies
 
Cycloptichorn
 
  1  
Reply Thu 29 Nov, 2007 12:46 pm
Ticomaya wrote:
Cycloptichorn wrote:
Ticomaya wrote:
Cycloptichorn wrote:
Weak retreat from an easy question. You could have just as easily said yes.

We have a system in which prosecutors have methods with which they find out information that is hidden from them; in 99% of cases, the president does not pardon the liar from jail time in order to prevent him from spilling the beans.

Without access to the techniques that modern prosecutors use, it's hardly fair to blame Fitz for being unable to prove a case - one in which the laws in question hold a super-high evidential bar as well.

Cycloptichorn


It's a stupid question. That's like asking: "Is it easier to prove a case when the defendant confesses?"

I don't blame Fitzgerald for not being able to prove his case. Prosecutors are often asked to look at cases they cannot prove. The fact that he couldn't prove his case doesn't mean he's a bad prosecutor. And it most certainly doesn't prove -- contrary to what you would like for us to believe -- that a crime was committed.


I don't recall claiming that Fitz's failure to prove the case, proves there was a crime committed.

I have claimed that the crime in question had an extremely high burden of proof as compared to many other crimes, and also had a group of defendants who enjoyed significant and special protections from normal legal techniques for finding out the truth.

This lends credence to my claim, which is the opposite of what you have written, in fact: that the failure to bring charges does not prove that a crime wasn't committed - as Okie and others would have us believe.

Cycloptichorn


What is the basis for your claim that the burden of proof in this case was higher than any other case?


The IIPA was written with an extremely high burden of proof; namely, that one must prove affirmative intent to out an agent, and not just the fact that someone DID out the agent. This is extremely difficult to do without first-hand conversations, which Libby lied about and was then spared from prison and other penalties which would have compelled him to tell the truth. Add to this the fact that those in question enjoy significant and special legal protections and you have a very, very difficult case to prosecute.

Fitz was going about it in the usual manner that one would; namely, roll the lowers up the ladder. This was prevented by Bush's willingness to effectively pardon convicted criminals in his administration, an event which virtually never happens normally. This increases the difficulty for the prosecutor tremendously.

I didn't say, also, that the burden of proof was higher then ANY other case, just much higher then most.

Cycloptichorn
0 Replies
 
cicerone imposter
 
  1  
Reply Thu 29 Nov, 2007 12:51 pm
Ticomaya wrote:
cicerone imposter wrote:
Some people can't see the simple fact that a CIA agent was outed. The motives are too simple for some to evaluate. ...


Some of us just don't have simple enough minds, c.i.


You, however, are the right man for the job.


Quite evident most of your posts.
0 Replies
 
Ticomaya
 
  1  
Reply Thu 29 Nov, 2007 01:07 pm
Cycloptichorn wrote:
Ticomaya wrote:
What is the basis for your claim that the burden of proof in this case was higher than any other case?


The IIPA was written with an extremely high burden of proof; namely, that one must prove affirmative intent to out an agent, and not just the fact that someone DID out the agent. This is extremely difficult to do without first-hand conversations, which Libby lied about and was then spared from prison and other penalties which would have compelled him to tell the truth. Add to this the fact that those in question enjoy significant and special legal protections and you have a very, very difficult case to prosecute.

Fitz was going about it in the usual manner that one would; namely, roll the lowers up the ladder. This was prevented by Bush's willingness to effectively pardon convicted criminals in his administration, an event which virtually never happens normally. This increases the difficulty for the prosecutor tremendously.

I didn't say, also, that the burden of proof was higher then ANY other case, just much higher then most.

Cycloptichorn


In criminal cases in the U.S., the burden of proof is on the government, and the "standard of proof" is "beyond a reasonable doubt." I assure you, the burden of proof in this case is EXACTLY the same as in any other criminal case.

What you are confusing with "burden of proof" are the elements of the crime. The specific elements of the crime must be proven "beyond a reasonable doubt," in order to establish guilt. That is the prosecutor's burden, and a burden he obviously did not feel he could meet.

In most crimes, intent is an element that must be proven. That's called mens rea -- guilty mind. If you picked up a wallet, thinking it was your wallet, but it turned out to be someone else's, did you commit a crime? Only in your world, Cyclops, where you think the mere fact that you DID pick up the wallet should be enough to prove guilt.

Did Fitzgerald need to prove intent to prove a violation of IIPA? Yes, it's an element of the statute, just like intent is an element of most crimes. Prosecutor's prove intent every day, because most crimes are not strict liability or negligence crimes. Sometimes a prosecutor can prove intent, and other times they cannot.
0 Replies
 
Ticomaya
 
  1  
Reply Thu 29 Nov, 2007 01:09 pm
cicerone imposter wrote:
Quite evident most of your posts.


The depth of your wit is stunning.
0 Replies
 
Advocate
 
  1  
Reply Thu 29 Nov, 2007 01:43 pm
The intent is very, very, evident. It was to punish Joe Wilson for blasting the administration, and to act as a warning to other govt. employees who might consider criticizing Bush and company.

Regarding Fitz's reasoning, he might have considered Bush's power to declassify anything he wished. Thus, Bush could testify that he declassified Plame's ID, which would probably kill a pending proceeding.
0 Replies
 
 

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