Accepting the challenge

Nigel Tufnel
Originally uploaded by mwthomas87.

I’ve picked up the gauntlet that has been thrown down over at All Things Conservative. I’ve been having a lengthy and spirited debate (scroll down to comments) with Nigel Tufnel, the lead guitarist for Spinal Tap, over whether Valerie Plame Wilson was a covert agent with the CIA at the time that she was outed by high-level officials in the Bush administration.
I outlined my argument here, and Nigel has challenged my logic as being faulty. We have been going round and round for a couple of days and now he has offered the following challenge:

Here's a deal -- and Bill can vouch for my trustworthiness.

If Rove is indicted and convicted of a crime related to the Intelligence Identities Protection Act, I will author a post on Rhetoric & Rhythm fully conceding my erroneous understanding of the act and of Rove's crime and fully acknlowledging your brilliant analysis.

If Rove is indicted but not convicted of a crime related to the Intelligence Identities Protection Act, indicted for any lesser charge (to include obstruction of justice, of which he may very well be guilty), or not indicted for anything at all, you will author a reciprocal post on ATC acknowleding your erroneous understanding of the act and of Rove's non-crime and fully acknlowledging Bill's brilliant analysis.

I have accepted his challenge with certain provisions. I think it is possible that Rove could escape indictment and/or conviction without disproving that Plame was covert. So I offered this amended challenge on my part:

Let's say that if Rove is not indicted, or is indicted but not convicted of a crime related to the Intelligence Identities Protection Act because it is determined that Valerie Plame was not considered covert under the law, then I will author a mea culpa piece for ATC.
Or regardless of what happens to Rove, if it is determined through the course of the investigation that Plame was not a covert agent under the law, I would concede and admit that I was wrong.

We are still haggling over the details. Nigel thinks I’ve given myself too much wiggle room, but I’m willing to accept whatever determination the special prosecutor and the grand jury make regarding Plame’s covert status.

Needless to say, I am basing my position on my own non-lawyerly interpretation of the government statute that defines what a covert agent is. But I am also confident in that my position is supported by a lot of former intelligence agents who should know better than most.