Regardless of whether or not a special prosecutor is selected, I believe that Ambassador Wilson and his wife -- like the DNC official once did -- should file a civil lawsuit, both to address the harm inflicted on them, and, equally important, to obtain the necessary tools (subpoena power and sworn testimony) to get to the bottom of this matter. This will not only enable them to make sure they don't merely become yesterday's news; it will give them some control over the situation. In the case of the DNC's civil suit, Judge Charles Richey, a good Republican, handled it in a manner that was remarkably helpful to the Nixon reelection effort. But any judge getting a lawsuit from Wilson and Plame today would be watched a lot more carefully.

While I have made no effort to examine all the potential causes of action that Wilson and Plame might file, several come to mind. For example, given the fact that this leak was reportedly an effort to harm them, a civil action for intentional infliction of emotional distress could be appropriate. (Because I am not aware of their residence -- the District of Columbia, Maryland or Virginia -- I will only state the law generally.)

Typically, there will be a statute to this effect: "One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress, and if bodily harm to the other results from it, for such bodily harm." Most often, these actions fail because the conduct is not sufficiently outrageous. But blowing the cover of a CIA operative by anyone with access to such classified information is outrageous by any standard. By way of comparison, it's been found outrageous for a doctor to refuse to treat an unconscious infant and leave mother and child out in the cold; it has been ruled outrageous for a mortician to mishandle a corpse and lie about it; and it was considered outrageous to recklessly issue a report of a person's death that had not happened.

Also, there is an entire body of law relating to civil actions based on criminal statutes and constitutional activities. Suffice it to say that there are a number of potential causes of action, and I have no doubt that a good civil litigator can fashion a powerful lawsuit for Ambassador and Mrs. Wilson.

A key question is: Who would they sue? No one has admitted to the dirty deed. In Watergate, the DNC had a hook: They named not only the burglars arrested in their offices but also the Nixon reelection committee, charging a conspiracy to deny the civil rights of Larry O'Brien and other Democrats. From a tactical standpoint, as any lawyer will tell the Wilsons, what's vital is to survive a motion to dismiss, or other such summary action, so that they can conduct all the necessary discovery to find everyone who should be named. Newspaper accounts suggest the first potential defendant might be Karl Rove, who, Ambassador Wilson has been told by reporters, has repeatedly said Wilson's wife was "fair game." And we know this is not the first time Rove might have leaked to Robert Novak, who broke the Wilson story; Rove was removed from the 1992 George H.W. Bush campaign for just such a smearing leak, according to many reports (which Rove has denied).

An attorney will only file such a lawsuit for the Wilsons if he can, in essence (as required under the federal court rules), attest that to the best of his or her knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the lawsuit has not been filed for an improper purpose, that the claims aren't frivolous, that the claims are based on solid law, and that the allegations have evidentiary support -- or will have such support after a reasonable opportunity for further investigation or discovery. In short, while there is a minimum threshold for filing such a suit, it is not a very high barrier. I have little doubt such a lawsuit could be fashioned with little difficulty.

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