Josh Marshall

Josh Marshall is editor and publisher of TalkingPointsMemo.com.

Articles by Josh

Couldn't happen to a nicer caucus ...

From the AP: "A split among Senate Republicans over different versions of an amendment to ban same-sex marriage is preventing a vote on an election-year issue pushed by President Bush and religious conservatives."

Now, that's pretty pro-life.

Tom Coburn, a former member of the House of Representatives from Oklahoma, who is campaigning to become the Republican party's candidate to replace retiring Senator Don Nickles, recently said he supports the death penalty for doctors who perform abortions.

"I favor the death penalty," Coburn told the AP last week, "for abortionists and other people who take life."

The Republican primary is July 27th; the winner will face likely Democratic nominee Brad Carson.

A Republican lobbyist friend just sent me a link to today's Best of the Web column at the Wall Street Journal's opinionjournal.com. There James Taranto goes on a long and detailed series of responses and criticisms of things I've written over the last few days about the Plame controversy.

First (or rather last in Taranto's piece) is the answer to the question I asked yesterday. That was, if the decision to reveal Plame's identity creates no political or legal problems for the leakers, why don't they come forward?

The answer, Taranto says, is that doing so would expose them to further vilification from sites like TPM.

I think that explanation speaks for itself.

Then there's the matter of legal jeopardy for the leakers. Taranto seems to believe that it is legally significant whether the White House officials revealed Plame's identity to damage her personally or to damage Wilson's credibility by alleging she played a role in sending him on the trip -- thus making her collateral damage.

Taranto's point is that the White House was just trying to damage Wilson politically, albeit with what Taranto believes is a valid criticism. They didn't have any particular desire to expose Plame's identity. It was just that it was necessary to expose her identity in order to attack Wilson's credibility.

This, as we noted earlier, is the imagined 'need to attack the credibility of political opponents' exception to the law in question, which pretty clearly doesn't exist. The Wall Street Journal must have some in-house attorneys that Taranto could discuss this with.

It may be that these two valiant worthies could only serve the cause of the higher truth by breaking the law, a sort of oddly insider form of civil disobedience. But they were still breaking the law.

What would be a defense is if the leakers, for whatever reason, did not know Plame was covert. But, as we noted late last year, a careful analysis of both the language Novak used to describe Plame and that which he's used in past columns to describe other covert CIA employees makes it pretty clear that Novak knew quite well what her status was. And the only reason he knew is because they knew and they told him.

Taranto even still argues about whether Plame was even covert. But this is the silliest of arguments for the following reason. Plame's status is the predicate of the whole case. If she's not a person covered by the law then there's nothing even to investigate.

Yet an investigation into the matter has been going on for almost a year; and the quasi-independent Fitzgerald investigation has been underway for more than six months.

If Plame wasn't covert, the CIA never could have made its referral to Justice. If they did, that would have been the most obvious of reasons for Justice to decline to investigate. And surely Fitzgerald wouldn't have spent these months dragging members of the White House staff before a grand jury without satisfying himself that the first and essential legal predicate of the entire case (Plame's status as covert) was valid -- a factual matter that could have been nailed down in rather less than a day.

My apologies to regular readers for all the back and forth. But occasionally it's necessary.

For the last several days, proponents of the Holy Grail of Niger-Iraqi uranium have been pressing a series of articles which have appeared in the Financial Times that they says confirms the uranium story by reference to alleged evidence in the hands of the British.

That evidence, as detailed by the FT, involved smugglers mining uranium from abandoned mines, ones which would lack the industrial equipment required to turn the rock into yellowcake -- a key point that makes non-proliferation experts discount the signficance of the whole story. That's a point we'll return to.

However, for the moment, look at this section, the last two paragraphs at the end of today's follow-up in the FT.

The UK government has stood by its claim that Iraq had sought to buy uranium, and its assertion is expected to be supported by an official inquiry headed by Lord Butler whose report is published tomorrow. The UK has made clear that its claim was not based on the evidence provided in the fake documents, and that it had other evidence that Iraq had tried to buy uranium.

The Senate report adds weight to these claims by detailing the extent to which French intelligence information supported that being gathered by other intelligence agencies. The French information was given particular weight because French companies control Niger's uranium output.

In other words, the British claim that there was other evidence beside the documents is given further weight by the fact that French intelligence also had suspicions about a Niger-Iraq deal. And France's suspicions were uniquely relevant since French consortia actually control the mines.

This is at best a very sloppy reading of the report.

Here's why.

Page 59 of the report states that on November 22nd 2002 French officials told their American counterparts that they had "information on an Iraqi attempt to buy uranium from Niger." They went on to say that they were confident that the transaction did not in fact occur -- a confidence presumably based on their own physical custody of the uranium.

However, in the context of the WMD debate, Iraqi intent was and is quite important, even if attempts to acquire the yellowcake failed. So the French suspicions were important -- particularly because of their role running the mines.

However, the FT ignores what appears in the report ten pages later. There on page 69 the report says ..."March 4, 2003, the U.S. Government learned that the French had based their initial assessment that Iraq had attempted to procure uranium from Niger on the same documents that the U.S. had provided to the [IAEA]."

In other words, the French suspicions, at least as detailed in the report, add no weight to the claims that there was other evidence beside the documents since the French suspicions, by their own account, were based on the documents.

The president's story, from the speech yesterday at Oak Ridge: "In 2002, the United Nations Security Council yet again demanded a full accounting of Saddam Hussein's weapons programs. As he had for over a decade, Saddam Hussein refused to comply. In fact, according to former weapons inspector David Kay, Iraq's weapons programs were elaborately shielded by security and deception operations that continued even beyond the end of Operation Iraqi Freedom. So I had a choice to make: Either take the word of a madman, or defend America. Given that choice, I will defend America every time."

In a story yesterday, the AP described this passage thus: "But Saddam refused to open his country to inspections, Bush said. 'So I had a choice to make: either take the word of a madman or defend America. Given that choice I will defend America.'"

Clearly, that's not precisely what he said. The president said Saddam "refused to comply" not that he "refused to open his country to inspections", though I don't think there's any doubt that the latter was the impression he meant to convey.

Dealing with the president's doubletalk is a challenging business.

Of course on other occasions, the wordplay has been less cagey ...

President Bush: "Saddam Hussein said, I'm not going to expose my weapons, I'm not going to get rid of my -- I'm not going to allow inspectors in, he said." February 26th, 2004.

President Bush: "We gave him a chance to allow the inspectors in, and he wouldn't let them in. And, therefore, after a reasonable request, we decided to remove him from power..." July 14th, 2003.

There's been a rush of egregious commentary about the Niger uranium story in the last couple days. And one point we hear again and again is that if Joe Wilson's wife, Valerie Plame, played a role in recommending him for the trip to Niger, as the SSCI report clearly states, then this wholly changes the legal and political implications of the administration officials' decision to reveal her identity in the press.

As I pointed out a couple days ago, legally it is clearly irrelevant. Political impact is of course both subjective and unpredictable. So, though we might all venture opinions, there's very little way to know.

But, really, why argue?

If there's no legal case and no political problem, why don't the senior administration officials who leaked her identity just come forward?

If their rationale is a good one and they face no legal jeopardy, what's the problem?

It seems like a great opportunity to clear the air, settle the story, ascertain the facts and let the chips fall where they may.

Doing so will save much of the money being spent on the investigation Mr. Fitzgerald is running. They can save themselves a lot of attorneys' fees. And they can have a free opportunity to explain the rationale behind their decision and why they believed it was the right thing to do in the context.

I can only assume by their silence that they're rather less confident about the quality of their explanation and the degree of their legal jeopardy than their many voluble defenders in the conservative press.