From David Corn:
During her testimony on Friday, she pointed to the law's definition of a "covert agent" and said, "The person is supposed to reside outside of the United States." That is not what the law says--and one can presume Toensing knows the actual details of the legislation. In defining a "covert agent" (whose identity cannot be disclosed under the act), the law cites two criteria for a current officer or employee of an intelligence agency: that person's "identity as such an officer, employee, or member is classified information" and that officer has to be "serving outside the United States or has within the last five years served outside the United States." Pay attention to Toensing's sleight of hand. Under oath, she told the committee the law applied to clandestine officers residing abroad. Not so.
In her recent Washington Post piece, Toensing wrote of Valerie Wilson, "She worked at CIA headquarters and had not been stationed abroad within five years of the date of Novak's column." This means, Toensing has argued, that Valerie Wilson could not be covered by the Intelligence Identities Protection Act. But Valerie Wilson testified that she had been dispatched on overseas missions under cover in the five years prior to the Novak column--an indication she had "served" abroad. (Hubris reported that as well.) Toensing is free to maintain that the law ought to cover only those officers residing overseas as part of a long-term foreign assignment. But that is not what the act says. By stating that the act defines a "covert agent" as an officer residing abroad (as opposed to an officer who had "served" overseas), Toensing misrepresented the law to members of the committee. (By the way, both Fitzgerald and the CIA have said that Valerie Wilson's employment relationship with the CIA was classified.)
As a lawyer, Toensing is probably aware that knowingly making a false statement to a congressional committee conducting an investigation or review is a federal crime. (See Title 18, Section 1001 of the U.S. Code.) The punishment is a fine and/or imprisonment of up to five years. To say that I identified Valerie Wilson as a "covert" officer is to make a false statement.