Sunday, August 24, 2008
No charges were filed against any leakers in the Valerie Plame matter, and the only remaining sign of the case was the civil action brought by Plame against several administration officials. Valerie Plame lost round one (see here) and now also round two.
The D.C. Circuit court ruled in Valerie Plame Wilson & Joseph C. Wilson IV v. I. Lewis Libby et. al., affirming the dismissal of this matter. Chief Judge Sentelle, writing the decision, did reject the vice-president's claim of a lack of jurisdiction under the political question doctrine, a claim of the identity of a covert agent implicating foreign policy and national security. But although he reached the merits of the case, he affirmed the lower court finding on the Bivens claim and held that the appellants had "failed to exhaust their administrative remedies as required to pursue a tort claim." Circuit Court Rogers concurred in part and dissented in part.
(esp) (w/ a hat tip to Whitney Curtis)