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Old 06-05-2007, 05:58 PM   #18 (permalink)
ubertuber
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Quote:
Originally Posted by Elphaba
We may never know what harm came to her contacts...
Now that's an interesting aspect that I haven't really seen emphasized. It is entirely possible that assets she was in contact with have been discovered as a result of her outing.

I wouldn't for a second argue that the outing of Plame and subsequent coverup are anything but unethical, probably illegal, certainly shortsighted, and to me, unconscionable.

However, I'm going to have to say that the poll question here is worded so specifically that I can't answer yes.

To agree with this, you'd have to get around these issues:

1) Aiding and abetting doesn't mean helping out or whatever colloquial thing people are thinking of. From Findlaw (link): "A criminal charge of aiding and abetting or accessory can usually be brought against anyone who helps in the commission of a crime, though legal distinctions vary by state. A person charged with aiding and abetting or accessory is usually not present when the crime itself is committed, but he or she has knowledge of the crime before or after the fact, and may assist in its commission through advice, actions, or financial support." I'm not a lawyer, and if/when loquitur shows up I'll be happy to hear his input, but this definition seems to have to do with the commission of a crime, not necessarily the subsequent coverup or possible obstruction of justice, which people seem to be charged for separately.

2) Despite what Bush says for rhetorical effect, it's not war time. There exists no state of war, because the Congress has not declared one. I know you know this, because it comes up frequently when convenient for either side.

3) Treason has an extremely specific definition in the Constitution, which I have already posted in this thread. Article 3, Section 3 of the US Constitution (Cornell.edu link): "Section 3. Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted."

Levying war against the US, adhering to their enemies, and giving enemies aid and comfort, are the treasonous actions. None of these things has happened, unless you can miraculously convince a court that our President and VP are enemies of the US. Short of that, there has been no treasonous act. Aiding and abetting, or helping out, or covering up don't appear on this list. Please note that treasonous, traitorous, and illegal are 3 different things.

As I said before, these actions were probably illegal. I'd call them traitorous. Hell, these actions may even be impeachable - but they're not treasonous. Don't you think it is striking that the Constitution is more restrictive and definite about treason than it is about impeachment?

That's why I voted no.
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