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Outed CIA agent Valerie Plame says Dick Cheney ruined her career--and she wants him to pay. Plame and her husband Joseph Wilson filed suit last week against the Veep, Karl Rove, I. Lewis (Scooter) Libby and other officials. Here's our brief...
Could they win? Federal officials are immune to most suits for actions that are within their duties-- and a G.O.P. lawyer says Cheney, Rove and Libby were "government employees simply engaged in rebutting allegations." But constitutional expert Erwin Chemerinsky, who's on the Plame-Wilson legal team, is confident: "The evidence is clear that the defendants abused their power." The case could be put on hold until after Libby's prosecution for perjury in connection with the case. In any event, it's likely to cost the defendants thousands in legal fees--and devour energies at the White House...
Having Karl Rove write about lessons from the career of Roosevelt was an insult to one of our greatest Presidents. If Rove had been working for one of T.R.'s opponents, he would have slapped together a band of Spanish-American War Veterans for Truth and suggested that Teddy had been sipping Cuba libres on a gunboat instead of leading the charge up San Juan Heights. WILLIAM G. SCHELLER Waterville...
...unless, for example, they violated someone?s constitutional rights and had a pretty good idea they were doing so. That leaves open the question of whether Vice Presidents get immunity, but the consensus among constitutional scholars is that they do, so Cheney lucks out. As behind-the-scenes guys, Rove and Libby probably get only qualified immunity, which means they?ll have to show that the complaint fails to state any legal claims, if they want to get rid of it quickly...
...Plame argues that the Rove crew violated her constitutional right to privacy by revealing the nature of her job. But as Volokh points out, in Supreme Court jurisprudence, such privacy violations have involved embarrassing information, like sexual antics or medical conditions. The disclosure of Plame?s occupation may have been illegal, but it was probably not an unconstitutional intrusion on her privacy...