1The circumstances giving rise to this action have been recounted extensively in the media,
including in press coverage of the criminal trial against defendant I. Lewis Libby, Jr. that took
place earlier this year. See United States v. Libby, No. 05-cr-394 (D.D.C.). It is therefore worth
reiterating that the facts as recounted in this opinion are drawn from the amended complaint,
which is presumed true and is liberally construed for purposes of a motion to dismiss. See, e.g.,
Leatherman v. Tarrant County Narcotics & Coordination Unit, 507 U.S. 163, 164 (1993).

Here you can see that the judge states that legally the court is required to assume that statements made by the Plaintiffs are truthful and factually accurate. However clearly based on evidence presented by the defendants he comes to a different conclusion regarding the veracity of those statements as you can see in the following statement.

The resolution of these claims therefore might
require an exploration into Mrs. Wilson’s specific duties as a covert operative. Her class-of-one
equal protection claim would necessitate an even broader investigation into CIA practices.

In other words the judge is stating unequivalently that the Plaintiffs failed to provide incontrovertible evidence that Plame was in fact a covert agent. Furthermore the judge also indicates that the Plaintiffs also failed to provide incontrovertible evidence that Plame did not send Wilson to Niger.

The judge goes on to state that a in depth investigation would be required to determine if these assertion were true, translated out of legal speak into ordinary English the judge is saying he doesn’t believe their statements. This suggests that the defendants provided sufficient documentation to cast the Plaintiffs assertions into legal doubt. Furthermore he goes even farther with this theme in the next paragraph.

Plaintiffs argue that the United States could invoke the state secrets privilege or utilize other
established methods for the protection of sensitive information. But, in this and in future cases,
“[s]uch procedures, whatever they might be, still entail considerable risk” of revealing sensitive
information.

In this paragraph the Plaintiffs assert that their alleged statements of fact cannot be investigated because of issues of national security, the judge repudiates that assertion stating not only could they but that doing so would set a undesirable precedent.

This casts the judges dismissal on jurisdictional grounds into an entirely different light. Basically what the judge is saying is, that Wilson and Plame lied to the court, but that the action of proving it would set a dangerous legal precedent which he was unwilling to allow.

Fess up.

Are you actually feralcat on MM’s blog?

‘Cause otherwise, you’re stealing somebody else’s stuff.

It’s not quite a rebuke to the traitorous pigs at the NY Times, but it’s a start.

A federal judge tossed Valerie Plame’s lawsuit against the Bush administration out of court.U.S. District Judge John D. Bates dismissed the case on jurisdictional grounds and said he would not express an opinion on the constitutional arguments. Bates …

Esthier on July 19, 2007 at 3:24 PM

Yes, every time there’s a story about either one of these people I say that. I feel like a broken record. But when?
And what would the name of that movie be? Just Desserts?

You can bet this guy: Is having a huge conniption fit right about now with this news: Former CIA operative Valerie Plame lost a lawsuit Thursday that demanded money from Bush administration officials whom she blamed for leaking her agency……

Julia Dahl at Salon says Judge Bates dismissed Plame’s suit on five points, not merely on jurisdictional grounds. “There were five claims on which the Wilsons filed suit; one was a tort-law claim and four were constitutional. Burns dismissed the……

Secret Agent Girl. Secret Agent Girl.
They’ve given you a husband and taken away his brain.

Beware of prisy faces that you find.
A prisy face may hide an evil mind.
Ooh be careful who you marry, or he’ll give you away.
Odds are he won’t preen again until tomorrow.

Secret Agent Girl. Secret Agent Girl.
They’ve given you a husband and taken way his brain.

( two or more of you guys are Truly, Deeply Twisted in wanting to tap that…….

Check out the HuffPo: some posters are peeing their pants

Hamsher wept.

Jim Treacher on July 19, 2007 at 3:32 PM

Impossible, Jim. She doesn’t have tear ducts. Or vertebrae…

Damn you…Damn you to hell…I spit my cigar half way across the room when I read that.

Doubtful, but come on Michelle, admit it, it’s kinda fun watching the dogs chase their tails, round and round and round in circles? You can tell me, I won’t tell anyone… (grinning cheeeeeekily here)…

Secret Agent Woman. Secret Agent Woman.
They’ve given you a husband and taken way his brain.

On a more low brow note…I know she’s nuts, but I’d hit it with an aluminum baseball bat.

LtE126 on July 19, 2007 at 4:56 PM

Fixed.