



Breaking news from the Associated Press:
A federal judge on Thursday dismissed former CIA operative Valerie Plame's lawsuit against members of the Bush administration in the CIA leak scandal.
Plame, the wife of former Ambassador Joseph Wilson, had accused Vice President Dick Cheney and others of conspiring to leak her identity in 2003. Plame said that violated her privacy rights and was illegal retribution for her husband's criticism of the administration.
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 dismissed the case against all defendants: Cheney, White House political adviser Karl Rove, former White House aide I. Lewis "Scooter" Libby and former Deputy Secretary of State Richard Armitage.
Plame's attorneys had said the lawsuit would be an uphill battle. Public officials are normally immune from such lawsuits filed in connection with their jobs.
Thanks to Adam B, here's the link to the ruling for the legal mavens among you. It says, in part:
. . . the Court finds that, under controlling Supreme Court precedent, special factors -- particularly the remedial scheme established by Congress in the Privacy Act -- counsel against the recognition of an implied damages remedy for plaintiffs' constitutional claims. The Court also finds that it lacks subject-matter jurisdiction over the tort claim because plaintiffs have not exhausted their administrative remedies under the Federal Tort Claims Act, which is the proper, and exclusive, avenue for relief on such a claim.
And just for the sake in rubbing salt in everyone's wounds, there's this from Editor & Publisher magazine (via Cliff Schecter):
The first major Hollywood film inspired by the Plame/CIA leak case is ready to roll and, surprise, the main focus apparently will not be on a character based on Valerie or Joe Wilson, Bob Novak or even Patrick Fitzgerald -- but rather on Judith Miller. And she may be played by Kate Beckinsale, who is quite a few years younger than the real thing.
Or as London's Daily Telegraph puts it today in a headline: "Kate to play Hack."
I looked for a version of that story on the Telegraph's website, but no luck, unfortunately. (Update: Here it is. Thanks to nonplussed in the comments!)
Edie Falco, fresh from "The Sopranos," is targeted to play the Bill Keller role as the editor of the jailed female reporter. Matt Damon would be the prosecutor [actually, "Variety" said it would be Matt Dillon -- S.], and up-and-comer Vera Farmiga would play the dashing CIA agent.
News has emerged that Rod Lurie, known for his fine Capitol Hill drama "The Contender," will direct the film, titled "Nothing But the Truth." . . .Shooting may begin in October. If it happens, this would beat to the screen a planned fact-based film based on the memoir being written by Plame.
So that makes two pieces of bad news in one day. Check out Cliff Schecter's post for a picture of the actress signed to play the role based on Valerie Plame Wilson.
P.S. Yes, the Wilsons "anticipate filing an appeal" of the ruling dismissing their suit.
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So much for justice today…. =^{
Madness.
Was it dismissed with or without prejudice?
Anyone?
How bad does this s*ck? Let me count the ways . . . . .
Further proof that our gov’t has grown beyond the control of its people.
OK, IANAL. WTF is that supposed to mean, they haven’t exhausted all of their Administrative remedies?
I listened to Judy Miller on the Brian Lehrer Show on wnyc (www.wnyc.org) yesterday, and yes, Judy Miller IS a Hack.
And Joe Wilson for Senate (D-New Mexico)!
“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. “
How do you spell the sound of chicken shit??!
Bawk, bawk, bawk, splat!!
Impeach Bates!
The cover-up is almost complete… but
not in our hearts.
John D. Bates of Whitewater fame, no less.
There is no justice in this country right now, so why should any of us adhere to any laws?
Judge Bates is a part of bushco ( http://www.dcd.uscourts.gov/bates-bio.htmlk ) of course. But that should be no surprise to anyone.
It would seem that the neocons have done their coup work well.
From wiki:
LOL707!!!
Here’s what I say to the dishonorable Judge Bates:
‹^› ‹(•¿•)› ‹^›
One day this judge, who also played interference for Darth Cheney and his energy trolls will be outed for being an activist criminal judge.
Another day another criminal act the Bushies get away with entirely!
nomolos @ 15
For now. Only for now. All this shit will come back to bite them hard if the Dems, when they are the majority party in the legislative and executive branches in ‘09 don’t take their eye off the ball and continue to hunt down and kill (metaphorically speaking) this band of murderous thugs.
Franco @ 18
Why have we not heard the “activiet judge” refrain lately?
Judith Miller used books on Amazon.com - 50 cents
Judith Miller botox injections - $10,000
KATE TO PLAY HACK - priceless!
Back to work for me.
I will be popping in and out so I can see what our resident legal eagles can parse from the chicken bones and tea leaves .
((( valerie and joe )))
We are like Wile E. Coyote. They are like the Roadrunner.
I am beyond disgusted. As a longtime reader who rarely comments here, I share my pain with all y’all who have been fighting the good fight, day-in and day-out.
This sux.
Bustednuckles @ 22
I am divining chicken-livers right now.
Lemme know what you divine.
*g*
“Beauty” playing the “Beast”
nomolos @ 15
Yep, you can just hear the wingnut crowing and chest-beating. “Time to move on, Leftie losers…”
BTW- I opened a copy of Novakula’s “Prince of Darkness” POS book at an airport bookstore while on my trip to Florida and back last weekend. He starts right in on Joe Wilson at the very outset, calling him an “arrogant asshole.” So, it is clear that he delighted in outing Valerie, for the most transparently personal reasons.
Fucking traitor.
Bustednuckles @ 26
A whole lotta chicken-shit. And chicken-hawks (I hope everyone has seen Syd Blumenthal’s latest–the guy is brilliant!).
Fact-based versions are so 20th Century.
Woodhall Hollow @ 29
Sorry–I meant Max. The apple does not fall far…
Dang! I like Ms. Beckinsale. I liked “Serendipity” and those vampire movies she did were a nice bit of fluff. It is too bad that she would choose such an equally fluffy quasi-professional like Judy Miller to attempt a real life portrayal.
Wilsons!! Save your money and run for office!!!
LS @ 12
The judge may be a Bush crony, but he most likely followed the law (I haven’t read the entire opinion). That is that a federal court should abstain from unnecessarily deciding a constitutional issue if the court can dispose of the case on non-constitutional grounds.
OT…but Harriet Meirs indicated thru her lawyer she has NO FEAR of being held in contempt of Congress…..PLEASE, PLEASE inherent contempt…NOW ….don’t even wait another minute Mr Conyers!!!
Anyone know anything about the director? The falacious 9/11 trash fictohistory film has been nominated for a bunch of awards. Reminds me that the right wing nuts, not satisfied with spewing phoney lawyers, diplomats, and journalists to press their cause also have sought to infiltrate the entertainment world. Total mind-job on a platter!
siasl @ 24
This is one of the best analogies I’ve ever seen. Seriously.
What is the story with Prosecutor Bates?
So much for Justice, Libby off the Judicial hook, Meirs continues to give the constitution the finger, Valerie Plame Wilson case dismissed by a federal judge, not one person has been held accountable for the false pre-war intelligence.
Who is making the film about Miller? Talk about connected at the roots.
Judy Miller surfaced during the last week didn’t she. Just in time for this ruling. Coinkydink?
Joe Wilson speaking at the House Judiciary Committee. During rethug days.
boxer @ 33
You are supposed to be studying!!!! Oh, yeah, it looks like you have been!! ;>
Margaret Hamilton wasn’t available to play Judith Miller?
-GSD
From page 2 of MEMORANDUM OPINION:
I am going to be sick.
Hollywood has always been an establishment propaganda machine. What would interest me is:
1. Who is producing…and to whom are they connected, which, if followed carefully enough will connect them back to…..uh, I’ll bet I know.
2. You’re gonna find that the script portrays Miller Shooter, and the rest of the criminal crew as heros….and Plame and Wilson as traitors.
It is not just capitalizing on a news hook anymore. It is part of the whole plot to overthrow the Constitution. Go back to Sleep America, it’s all ok. The movie says so.
Don’t believe me? Watch
Dang it, I’m having a ‘Senatorial Moment’.
I can’t remember where I set down my work gloves.
johnSwifty @ 31
Ah, I remember her at college, before she dropped out to waste her life making high-budget Hollywood films.
But who’da thunk that Judge Whitewater von Knickersniffer Jr. would have a problem with this?
Wilson as senator. Hmmm, something tells me he wouldn’t be part of the “it’s time for healing” caucus.
By the way. Saudi Arabia is exporting jihadis into Lebanon these days.
It is suspected that a Saudi national was the suicide bomber in the assassination of Rafiq Hariri.
Bush and Saudi Arabia the love that dare not speak it’s name.
-GSD
I see an undercurrent fomenting.
First, an inveterate shill like Tweety nearly breaks himself kow-towing to her Milleryness. Second, a particularly becoming actress is engaged to play the particularly unbecoming, said Milleryness. Third, the director of the piece is determined to be a right wing propaganda specialist. Can anyone smell history being rewritten?
Melanie Sloan, atty for Joe and Valerie, has issued a statement noting their disappointment but saying they have always expected the case to be decided by a higher court.
Here the Telegraph webpage. Judy must have needed some $. Showed up just in time to maximize her earning power.
Kate to Play Hack?
GSD @ 41
7070707! Nice!
GSD @ 48
And get this! The Syrians are busy arresting Saudis who are trying to enter Iraq via Syria. There is a bit of an outcry about this in the heavily censored Saudi press (see arabnews.com).
Harriet Harris (Bebe Glazer on Frasier) was born to play Judy!
http://images.usatoday.com/lif.....ewives.jpg
I’d like to know why it took so fucking long
to issue his ruling? He KNEW on day one that
he would fling it in the hopper…
Delay, delay, delay… just going thru the motions… despicable
Woodhall Hollow @18: “For now. Only for now. All this shit will come back to bite them hard if the Dems, when they are the majority party in the legislative and executive branches in ‘09 don’t take their eye off the ball and continue to hunt down and kill (metaphorically speaking) this band of murderous thugs.”
“the arc of the moral universe is long, but it bends towards justice…” MLK
if not the Dems, then surely the Lords of Karma will.
fdl reader @ 49
Wasn’t she the wicked witch in the Wizard of Oz?
Why is Judy Miller suddenly making the rounds on talk shows?
I hope the producers of this movie know that Edie Falco is a woman.
The E&P article had this say about the movie’s director:
Joe Wilson sez:
Marc Frydman will produce and the Yari Film Group will finance. Rod Lurie is directing. The link is to the Variety blurb.
Nothing But the Truth
Link to story in Arab News about Saudis arrested in Syria.
I really recommend keeping an eye on this site. Most of it is bullshit, but there are some gems that come to light now and again.
hackworth @ 57
Yep.
I’ll get you Dorothy . . . . and your little dog too!”
fdl reader @ 51
Here’s Kate Beckinsale as Judith Miller…..go to image #287
Ed*ard Teller @ 63
OMG! Spew warning, please!
Jane Hamsher @ 59
What can you say. There are so few heroes on the world stage today. So few to look at and hold up as an example to our children and say, “Look, here is a man worth emulating; be like him.”
Joe Wilson is one of the few I feel capable of holding up to my sons as an example I would have them emulate. He is a true hero in an otherwise dearth.
Our beloved Marcy has already written (in a white heat, I imagine) to Congress.
I’m fascinated that a woman reporter, sometimes accused of craftily using her feminine wiles with men who source for or supervise her, will have her editor — Bill Keller — played by a woman, Edie Falco. Is this an attempt to play down the Mata Hari aspect of Judy Miller’s story?
Removing the potential m/f sexual tension between Miller and her male editor is an odd choice.
Just skimmed through the decision. What a bag job. Particularly bogus is the scope of employment analysis starting at about page 36.
Look forward to the further analysis by sharper minds than I.
“Kate to play Hack.“
..hear hear, to the British press…
Just figured out a no-brainer…
WHOEVER is willing to seek and print the truth IS the 4th Estate. It has moved around, always finding a place to reside, ever since the pamphleteers of colonial America first took up the mantle.
“The Blogs” just happen to be the latest title holder.
nonplussed @ 59
If Bloody Judy makes money off of her crimes and if Hollywood spins Judy out to be a hero…the media is as tied up and in lock down as many of us fear
Ed*ard Teller @ 63
I’m not saying a word!
Lawsuits are too slow, and there usually are a lot of lawyers in Courtrooms involved (scary). I have another suggestion. The Wilsons should…Start…A…Blog. Be activists, help expose the massive abuse of “national security”, giving us 4 dead Americans a day. Provide a safe haven for whistleblowers. Maybe do a internet TV show. Even Vinnie in the basement, knows there are plenty more evil secrets that need exposure.
But I am grateful to Joe and Valerie (even if they support Hillary).
johnSwifty @ 64
Joe Wilson is a noble soul.
nonplussed @ 50
BOYCOTT THIS FILM BOYCOTT THIS FILM. If the courts will not hold Judy Miller accountable for her journalistic crimes then we must.
BOYCOTT THIS FILM!
Ed*ard Teller @ 63
Funny, that looks like one Dracula’s three “Wives” from the Hugh Jackman vehicle that Kate also starred in; but an entirely different actress. Regardless, that look is still too becoming for an accurate portrayal of Judy Miller.
nonplussed @ 51
This says the prosecutor will be played by Matt Dillon (who is not Matt Damon).
ET’s picture site crashed.
:(
TeddySanFran @ 68
It is just flat out stupid and disingenuous.
Kathleen @ 73
Ecactly! I won’t be seeing it and I will make sure to tell everyone I meet not to see it.
FEDERAL TORT CLAIMS ACT - The FTCA provides a limited waiver of the federal government’s sovereign immunity when its employees are negligent within the scope of their employment. Under the FTCA, the government can only be sued ‘under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.’ 28 U.S.C. S 1346(b). Thus, the FTCA does not apply to conduct that is uniquely governmental, that is, incapable of performance by a private individual.
Thus, the judge has ruled that the betrayal of a CIA agent is within the scope of employment for a federal official in the Bush administration.
That’s always where the case was going, and somebody had to say it in order that the case be dismissed, but it’s still a bit shocking.
gotta run, bbl.
Woodhall Hollow @ 66
What’s Congress going to do about it? Well, as we all know the only thing TO do is IMPEACH (see my #2) the motherfuckers.
Helen @ 36 - thx, but I wish it wasn’t true.
Jane @ 58 - I hope they are successful, but I wonder if we’re just going to have to accept the idea that these people are really simply going to get away with it all. They hold too many cards.
I’m not saying give up, but perhaps we should focus on the longer term objectives. Joe or Valerie Wilson as elected officials, I must say I like that idea.
Even longer term, I for one am pledging to myself to never forget what can happen if we become too blase in our views on politics. Quite a few people correctly predicted W would be a terrible president, but I don’t know anyone who thought we would be arguing over the legitimacy of habeus corpus, torture and outing of CIA agents.
Never Again should be our motto. Never. Again.
“If it happens, this would beat to the screen a planned fact-based film based on the memoir being written by Plame.”
BOYCOTT ANY FILM ABOUT BLOODY JUDY MILLER OR ANY BOOK SHE WRITES.
If our Justice system will not hold liars and fabricators like Bloody Judy accountable for lying about WMD’s then we must.
“Few will have the greatness to bend history itself, but each of us can work to change a small portion of events, and in the total of all those acts will be written the history of this generation” Robert Fitzgerald Kennedy
From a memorial in front of Brooklyn Supreme Ct
I think it still means us.
Happy Blogosphere Day to all at FDL
Bustednuckles @ 9
Because of the doctrne of Sovereign Immunity you cannot sue the government unless it consents to be sued.
The US government consents to be sued in only the Court of Federal Claims, which has different deadlines and proceedure than regular US District Court
The wingutosphere has entered it’s final solution phase in their demonization of Muslims. World Nut Daily has a vulgar piece about Muslims cooking and eating children…..How far off is a Protocols of the Elders of Mecca?
Paving the way to nuke the dehumanized enemy.
-GSD
Kathleen @ 73
Exactly! I won’t be seeing it and I will make sure to tell everyone I meet not to see it.
Woodhall Hollow @ 75
According to Robert Novak he’s an “arrogant asshole” whose wife, consequently, deserved to be outed to assuage Novak’s personal antipathy.
Right there in the opening pages of his book.
Here is something on Lurie. Has anyone seen his film Deterrence? It is about Iraq a US invasion and nuclear war. Hmmm!(http://www.rossanthony.com/interviews/lurie.shtml
http://en.wikipedia.org/wiki/Deterrence_(film)
mc @ 80
That is right — and for anyone who still does not understand what is at stake, watch this!
We need to redouble our efforts for impeachment. It’s our last best hope.
Hmmm, Ok LHP.
thanks.
bluejeansntshirt @ 84
Francis
OT It’s almost 5PM EST and there’s no Froomkin up yet. Why do I get so anxious when he’s late? He didn’t mention being away.
Guess I always worry that the business side of WaPo will find him too much of a truth teller.
BobbyG @ 87
Robert Novak is projecting. Big time. Sorry to rely on such an obvious point, but sometimes it doesn’t hurt to point out the obvious.
Novakula is slime and a PUTZ…..
BobbyG @ 88
Did I fail to mention that I’m in the business of raising arrogant assholes? The apple doesn’t fall far from the tree ;-)
If this film tries to spin Judy into a hero instead of the purposely irresponsible and immoral journalist that she is, People should stand outside of theatres that show this film with pictures of dead Iraqi people and American soldiers who are the result of Bloody Judy’s reporting.
“The alleged means by which defendants chose to rebut Mr. Wilson’s comments and attack his credibility may have been highly unsavory, ” Bates wrote. “But there can be no serious dispute that the act of rebutting public criticism, such as that levied by Mr. Wilson against the Bush administration’s handling of prewar foreign intelligence, by speaking with members of the press is within the scope of defendants’ duties as high-level Executive Branch officials.”
I wonder what sort of actions taken to punish critics would not be “within the scope of the defendant’s duties as high-level Exectuve Brance officials.” I guess the judge thanks they should be pleased they aren’t being held in Kamchatka.
This sounds awful. If they were going to say she couldn’t sue, why did they wait till now? Didn’t everything start a week or two ago?
Thank you Joe and Valerie Wilson/Plame. Sorry to hear about this last kick in your gut for your service to your country.
Please take it up a notch…we are right behind you.
Shorter Judge Bates, Val Wilson is fair game.
-GSD
Kathleen @ 97
Asshole movie director types just love them some innocent naive female heroine types. And that is how Judy has been spun since day one.
Yawn.
GSD @ 101
Or said differently: The Junta may not be questioned.
GSD @ 102
————————————-
EXACTLY
Congratulations George W. Now the Pentagon is acting like an arm of the RNC.