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FOR IMMEDIATE RELEASE: September 29, 2003

SCHUMER CALLS FOR SPECIAL COUNSEL TO BE APPOINTED TO INVESTIGATE ILLEGAL LEAK OF
CIA AGENT'S IDENTITY

CIA is urging Justice Dept to open criminal inquiry into whether Administration officials leaked identity of a CIA agent to discredit a critic of the White House's uranium claims

Schumer, who urged the FBI to open an investigation in July, says that the Justice Dept has a conflict of interest and should refer the matter to outside counsel

Unauthorized leaking of a CIA agent's identity is punishable by 10 years in prison

US Senator Charles Schumer today asked the Justice Department to appoint a Special Counsel to investigate whether the Bush Administration illegally disclosed the identity of a Central Intelligence Agency (CIA) operative in an effort to discredit the operative's spouse, a former diplomat who questioned the White House's claim that Iraq had acquired uranium from Niger.

"If there was ever a case that demanded a special counsel, this is it. This is a very serious national security matter where there is a clear conflict of interest for the Attorney General because it could involve high-level White House officials," Schumer said. "I don't see how it would be possible for the Justice Department to investigate whether a top Administration official broke the law and endangered the life of this agent. Even if the Department were to do a thorough and comprehensive investigation, the appearance of a conflict could well mar its conclusions. I hope the Attorney General will do the right thing and appoint a special counsel."

In July, a syndicated newspaper column quoted “senior administration officials” identifying Valerie Plame as an undercover CIA operative specializing in Weapons of Mass Destruction. Plame is the spouse of a long-time State Department veteran, Ambassador Joseph Wilson, who wrote an op-ed disputing the White House's claims about potential uranium exports from Niger to Iraq. The op-ed helped spur the debate about whether the White House knowingly manipulated information about Iraq's nuclear program.

On Sunday, news accounts reported that an unidentified senior administration official said that two high-level White House officials called six reporters and disclosed the identity of Wilson's wife as part of an attempt to impugn Wilson's credibility and intimidate other critics of the Administration.

"This is one of the most reckless and nasty things I’ve seen in all my years of government," Schumer said. "Leaking the name of a CIA agent is tantamount to putting a gun to that agent’s head. It compromises that agent's safety and the safety of that agent's loved ones, not to mention those in that agent's network of intelligence assets. On top of that, it poses a serious threat to the national security of this nation." According to Section 421a of the Intelligence Identities and Protection Act, the unauthorized identification of a CIA operative is a criminal act punishable by up to ten years in federal prison.

Earlier this summer, Schumer asked the FBI to open a criminal inquiry into the matter. Following standard procedure, the FBI asked the CIA to determine whether national security had been breached in this case and the CIA has apparently concluded that its operative's identity improperly disclosed. The case is now back with the Justice Department, which is deciding whether to open a formal criminal probe.

Since the Independent Counsel statute expired in 1999, the Justice Department promulgated new regulations that allow the Attorney General to appoint a Special Counsel when there is a need to investigate a unique case involving high-ranking Executive Branch officials and/or there is a conflict of interest for the Department. (Under the INDEPENDENT Counsel law, the independent counsels were appointed by a panel of federal judges upon application by the Attorney General.)

The Attorney General has total discretion over whether to appoint a Special Counsel, controls the Special Counsel's jurisdiction, and oversees the Special Counsel's investigation. The Special Counsel essentially has the same powers as a US Attorney, including subpoena power and the ability to convene a grand jury. If the Attorney General precludes the Special Counsel from taking any proposed actions (such as subpoenaing documents, interviewing witnesses or presenting evidence to a grand jury) he is required to report those instances to Congress after the probe has concluded.

"We need a person with a pristine reputation to lead this probe, someone who has the stature to make sure that the public interested is served in this case," Schumer said.

The Justice Department's regulations provide that the Special Counsel shall be a "lawyer with a reputation for integrity and impartial decision-making" and "shall be selected from outside the United States Government." The Special Counsel must undergo a background investigation before assuming the position. Schumer said the Justice Department Inspector General cannot investigate the matter because its jurisdiction is limited exclusively to the Justice Department and does not have oversight powers over the White House.

By "burning" Ms. Plame, Schumer said these senior administration officials may have made it impossible for her to do her job at a time when intelligence in her specialty - Weapons of Mass Destruction - is sorely needed as the threats posed by Iran and North Korea are escalating.

In his letter to FBI Director Mueller requesting the original investigation in July, Schumer wrote that "By disclosing the identity of a reportedly senior undercover operative who is active in our nation’s fight against the proliferation of Weapons of Mass Destruction (WMD), Administration officials have possibly endangered Ms. Plame and her entire network of intelligence contacts in order to avoid political embarrassment. In the process, they may also have undermined our national security just as the specter of WMD threats from North Korea and Iran loom on the horizon."

"If that facts that have been reported publicly are true, it is clear that a crime was committed. The only questions remaining to be answered are who committed the crime and why," Schumer's letter continued.

For a copy of Schumer's letter to Ashcroft click here.
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