JP5 asks:
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So....question remains: What's this all about? If Fitzpatrick knew that early on....the investigation should have ended right then.
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If the President had declassified his intelligence report to permit disclosing its contents to the media, then why did the administration allow this case to make it so far as to receive the appointment of the Special Counsel? See the 12/30/2003 appointment letter made after the Presidential declassification during the summer of 2003:
http://www.usdoj.gov/usao/iln/osc/do...er_30_2003.pdf There are only three explanations that i can conclude: (1) the regime wanted to conceal that it had declassified the information for political purposes; or (2) the declassification of portions of the NIE did not extend to authorization of release of the identity of the covert CIA agent; or (3) consisting of both (1) and (2).
The portion of the NIE which was declassified, to distinguish from that which remained classified is a potentially significant issue. Here are two possible scenarios:
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NIE: " ...Based on reliable intel from a top intelligence "NOC" and our internal investigation, it is our conclusion that documents provided by aka "Curveball", which indicate attempts by Iraqi agents to purchase uranium ore from Niger has significant flaws; and is therefore, baseless and lacks merit. ..."
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NIE: " ...Based on reliable intel from a top intelligence "NOC" and our internal investigation, it is our conclusion that documents provided by aka "Curveball", which indicate attempts by Iraqi agents to purchase uranium ore from Niger, has significant ... merit. ..."
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OK, JP, now to your question. If what was declassified has not been definitized, then Fitzgerald, charged with the "...Department's investigation into the
alleged unauthorized disclosure of a CIA employee's identity ..." had a fiduciary responsibility to determine which individual
or individuals were responsible for the unauthorized disclosure.
If what was declassified had been definitized, and that declassification included the CIA employee's identity, then the disclosure would not have been unauthorized and there would be no purpose to the (continued) appointment of the Special Counsel. Since he remains appointed, it appears the declassification did not extend to the disclosure of the CIA employee's identity.
Since the declassification disclosure was made only in an effort to defend Libby, it is reasonable to assume that if Fitzgerald had not indicted Libby then we might still not be aware portions of the sensitive NIE were declassified. That disturbing disclosure of the Presidential/Vice Presidential declassification only resulted from the aggressive actions of the Special Counsel toward a member of the administration's inner circle. By pursuing this case further, it is also reasonable to see the possibility that more politically embarrassing information will be released by the white house in its efforts to protect its henchmen, if the Special Counsel is able to ferret them out. To me, and possibly also to Fitzgerald, that would seem to be a sound basis to continue the investigation.