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Max Boot makes the same point I made earlier this week:
But with his investigation all but over, prosecutor Patrick Fitzgerald has found no criminal conspiracy and no violations of the Intelligence Identities Protection Act, which makes it a crime in some circumstances to disclose the names of undercover CIA operatives. Among other problems, Plame doesn't seem to fit the act's definition of a "covert agent" — someone who "has within the last five years served outside the United States." By 2003, Plame had apparently been working in Langley, Va., for at least six years, which means that, mystery of mysteries, the vice president's chief of staff was indicted for covering up something that wasn't a crime.