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Saturday, July 16, 2005

Fitzgerald's Probable End Game Strategy Revealed (By John Dean)

Of all the convicted Watergate co-conspirators,  I really do like John Dean the best.  I suspect he has this one figured out, and It's starting to look like the Administration is about to be hoist by its own petard.
BOOM.

Excerpted from Findlaw

The Jonathan Randel Leak Prosecution Precedent

...I am referring to the prosecution and conviction of Jonathan Randel. Randel was a Drug Enforcement Agency analyst, a PhD in history, working in the Atlanta office of the DEA. Randel was convinced that British Lord Michael Ashcroft (a major contributor to Britain's Conservative Party, as well as American conservative causes) was being ignored by DEA, and its investigation of money laundering. (Lord Ashcroft is based in South Florida and the off-shore tax haven of Belize.)

Randel leaked the fact that Lord Ashcroft's name was in the DEA files, and this fact soon surfaced in the London news media. Ashcroft sued, and learned the source of the information was Randel. Using his clout, soon Ashcroft had the U.S. Attorney in pursuit of Randel for his leak.

By late February 2002, the Department of Justice indicted Randel for his leaking of Lord Ashcroft's name. It was an eighteen count "kitchen sink" indictment; they threw everything they could think of at Randel. Most relevant for Karl Rove's situation, Court One of Randel's indictment alleged a violation of Title 18, United States Code, Section 641. This is a law that prohibits theft (or conversion for one's own use) of government records and information for non-governmental purposes. But its broad language covers leaks, and it has now been used to cover just such actions.

Randel, faced with a life sentence (actually, 500 years) if convicted on all counts, on the advice of his attorney, pleaded guilty to violating Section 641. On January 9, 2003, Randel was sentenced to a year in a federal prison, followed by three years probation. This sentence prompted the U.S. Attorney to boast that the conviction of Randel made a good example of how the Bush Administration would handle leakers.

The Randel Precedent -- If Followed -- Bodes Ill For Rove

Karl Rove may be able to claim that he did not know he was leaking "classified information" about a "covert agent," but there can be no question he understood that what he was leaking was "sensitive information." The very fact that Matt Cooper called it "double super secret background" information suggests Rove knew of its sensitivity, if he did not know it was classified information (which by definition is sensitive).

United States District Court Judge Richard Story's statement to Jonathan Randel, at the time of sentencing, might have an unpleasant ring for Karl Rove. Judge Story told Randel that he surely must have appreciated the risks in leaking DEA information. "Anything that would affect the security of officers and of the operations of the agency would be of tremendous concern, I think, to any law-abiding citizen in this country," the judge observed. Judge Story concluded this leak of sensitive information was "a very serious crime...."