# Why Hasn't Robert Novak Been Arrested? **URL:** \ **Category:** Factual Questions\ **Created:** [March 6, 2004, 3:55pm UTC](https://boards.straightdope.com/t/why-hasnt-robert-novak-been-arrested/232859 "2004-03-06T15:55:18Z")\ **Posts on this page:** 14\ **Page:** 1
**Author:** ![Girl\_Next\_Door](https://avatars.discourse-cdn.com/v4/letter/g/977dab/32.png) [@Girl\_Next\_Door](https://boards.straightdope.com/u/Girl_Next_Door)\ **Post date:** [March 6, 2004, 3:55pm UTC](https://boards.straightdope.com/t/why-hasnt-robert-novak-been-arrested/232859/1 "2004-03-06T15:55:18Z")
Or, indicted, or whatever you do to someone who breaks the law? This one still confuses me. The justice department is trying to find out who leaked Valerie Plame’s identity to columnist Robert Novak. If it is a federal crime to knowingly disclose the name of an undercover CIA agent, then why isn’t the guy who broadcast it to the whole world (Novak) in trouble? ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [March 6, 2004, 4:22pm UTC](https://boards.straightdope.com/t/why-hasnt-robert-novak-been-arrested/232859/2 "2004-03-06T16:22:01Z")
What law are you suggesting Novak broke, specifically? My understanding is that it was not illegal for him to publish the information. The illegality was on the part of the person or persons giving him the information initially. ---
**Author:** ![KP](https://avatars.discourse-cdn.com/v4/letter/k/a9adbd/32.png) [@KP](https://boards.straightdope.com/u/KP)\ **Post date:** [March 6, 2004, 4:39pm UTC](https://boards.straightdope.com/t/why-hasnt-robert-novak-been-arrested/232859/3 "2004-03-06T16:39:15Z")
While it is not an absolute defense, US law enforcement has traditionally tried to avoid falling afoul of the First Amendment (Freedom of the Press, more than Freedom of Speech). The courts have generally interpreted these protections rather broadly in recent decades, and there have been many strong precedents. To cite, one famous example: Daniel Ellsberg and the Pentagon Papers clearly involved “national security” and arguably (i.e. argued by the Federal governemnt) placed thousands of US citizens at risk – in a time of war, no less. ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [March 6, 2004, 5:25pm UTC](https://boards.straightdope.com/t/why-hasnt-robert-novak-been-arrested/232859/4 "2004-03-06T17:25:54Z")
Ellsberg is a rather poor example to use: [http://globetrotter.berkeley.edu/people/Ellsberg/ells.QA99.leak.html](http://globetrotter.berkeley.edu/people/Ellsberg/ells.QA99.leak.html) > [@](#): > > After The New York Times was enjoined by a federal court temporarily from publishing any more of the Pentagon Papers, my wife and I went underground, giving out additional copies of the papers to other newspapers, several of which were also enjoined, until the government gave up trying to stop publications. During those two weeks, we were the subject of what was described by the FBI as the biggest manhunt since the Lindbergh kidnapping. After I had run out of copies, which were distributed with the help of friends and strangers in the antiwar movement, I surrendered to arrest and eventually faced indictment on twelve felony charges, facing a possible 115 years in prison. The charges were eventually dismissed, but still. ---
**Author:** ![Duckster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duckster/32/1244_2.png) [@Duckster](https://boards.straightdope.com/u/Duckster)\ **Post date:** [March 6, 2004, 6:46pm UTC](https://boards.straightdope.com/t/why-hasnt-robert-novak-been-arrested/232859/5 "2004-03-06T18:46:13Z")
The investigation is continuing and now includes supoenas for telephone calls placed aboard [Air Force One](http://www.cnn.com/2004/LAW/03/05/cia.leak.probe/index.html) ---
**Author:** ![Jonathan\_Chance](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jonathan_chance/32/701_2.png) [@Jonathan\_Chance](https://boards.straightdope.com/u/Jonathan_Chance)\ **Post date:** [March 6, 2004, 7:08pm UTC](https://boards.straightdope.com/t/why-hasnt-robert-novak-been-arrested/232859/6 "2004-03-06T19:08:53Z")
Certainly the tradition has always been that if a journalist gets some information he or she can print it without fear of legal reprisal. The onus has always been placed on the person(s) who leaked the information to the journalist. Whether that would hold up in this case I wouldn’t know. But it’s certainly the approach being taken by the investigation. ---
**Author:** ![manhattan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/manhattan/32/7_2.png) [@manhattan](https://boards.straightdope.com/u/manhattan)\ **Post date:** [March 6, 2004, 8:44pm UTC](https://boards.straightdope.com/t/why-hasnt-robert-novak-been-arrested/232859/7 "2004-03-06T20:44:29Z")
Novak would not be a target under the law most people are talking about when they talk about the case at hand. Specifically, the [Intelligence Identities Protection Act of 1982](http://foi.missouri.edu/bushinfopolicies/protection.html) identifies for prosecution those people “having or having had _authorized access_ to classified information that identifies a covert agent, intentionally discloses any information identifying such covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such covert agent…” (emphasis added) In the current instance, Novak is the disclosee, not the discloser. (Whether the disclosers themselves violated the law is of course a matter for the special prosecutor). There’s an additional provision directed at those who engage in a “pattern of activities intended to identify and expose covert agents and with reason to believe that such activities would impair or impede the foreign intelligence activities of the United States…” However, I’m not aware of anyone who seriously alleges that Novak falls into that category. ---
**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\ **Post date:** [March 6, 2004, 9:04pm UTC](https://boards.straightdope.com/t/why-hasnt-robert-novak-been-arrested/232859/8 "2004-03-06T21:04:32Z")
> [@](#): > > **Why Hasn’t Robert Novak Been Arrested?** Well, duh! Because his columns generally support the government administration that is doing (or not doing) the arresting. ---
**Author:** ![manhattan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/manhattan/32/7_2.png) [@manhattan](https://boards.straightdope.com/u/manhattan)\ **Post date:** [March 6, 2004, 9:09pm UTC](https://boards.straightdope.com/t/why-hasnt-robert-novak-been-arrested/232859/9 "2004-03-06T21:09:01Z")
> [@t-bonham@scc.net](#): > > Well, duh! Because his columns generally support the government administration that is doing (or not doing) the arresting. Interesting theory. Do you have any, you know, actual evidence of that, or are you just trolling in GQ? ---
**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\ **Post date:** [March 6, 2004, 9:28pm UTC](https://boards.straightdope.com/t/why-hasnt-robert-novak-been-arrested/232859/10 "2004-03-06T21:28:32Z")
> [@manhattan](#): > > Interesting theory. Do you have any, you know, actual evidence of that, or are you just trolling in GQ? His columns are available [here](http://www.townhall.com/columnists/robertnovak/archive.shtml) or [here](http://www.creators.com/opinion_show.cfm?columnsName=rno) You are welcome to read them for yourself and decide whether you think he supports the adminstration or not. ---
**Author:** ![Una\_Persson](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/una_persson/32/346_2.png) [@Una\_Persson](https://boards.straightdope.com/u/Una_Persson)\ **Post date:** [March 6, 2004, 10:29pm UTC](https://boards.straightdope.com/t/why-hasnt-robert-novak-been-arrested/232859/11 "2004-03-06T22:29:18Z")
> [@t-bonham@scc.net](#): > > His columns are available > [here](http://www.townhall.com/columnists/robertnovak/archive.shtml) or [here](http://www.creators.com/opinion_show.cfm?columnsName=rno) > > You are welcome to read them for yourself and decide whether you think he supports the adminstration or not. But with respect, that is not the answer to the question. The question **manhattan** is asking is, rephrased, “do you have evidence which you could provide to him (manhattan) to support your assertion that the reason Novak has not been arrested is that he is sometimes (or most of the time) supportive of current Administration policies and procedures?” ---
**Author:** ![KenGr](https://avatars.discourse-cdn.com/v4/letter/k/ecc23a/32.png) [@KenGr](https://boards.straightdope.com/u/KenGr)\ **Post date:** [March 6, 2004, 11:10pm UTC](https://boards.straightdope.com/t/why-hasnt-robert-novak-been-arrested/232859/12 "2004-03-06T23:10:29Z")
The reason Novak has never been charged is simple - he didn’t break the law. The law in question, US Code Title 50, Chapter 15, Section 421: [http://www4.law.cornell.edu/uscode/50/421.html](http://www4.law.cornell.edu/uscode/50/421.html) specifically prohibits identification of identities of agents by those having authorized access to that classified information or perhaps, under section © someone who discloses the information with the express purpose of impeding foreign intelligence. Novak doesn’t seem to fit the limits of this very narrowly drawn law aimed at renegade CIA staff. ---
**Author:** ![El\_Gui](https://avatars.discourse-cdn.com/v4/letter/e/35a633/32.png) [@El\_Gui](https://boards.straightdope.com/u/El_Gui)\ **Post date:** [March 6, 2004, 11:12pm UTC](https://boards.straightdope.com/t/why-hasnt-robert-novak-been-arrested/232859/13 "2004-03-06T23:12:14Z")
It appears that they could issue a subpoena and order Novak to reveal his sources. From the very conservative magazine, [Insight](http://www.insightmag.com/news/548226.html): > [@](#): > > In my view, the best form of damage control for the Bush administration would be to have the Justice Department subpoena Novak promptly – and have him jailed if he refuses to reveal the identity of his sources. The 1972 _Branzburg_ Supreme Court decision ruled that, regarding a press privilege not to reveal sources, no such right exists. From _Branzburg_, as quoted in the story linked above: > [@](#): > > The issue in these cases is whether requiring newsmen to appear and testify abridges the freedom of speech and press guaranteed by the First Amendment. We hold that it does not. ---
**Author:** ![bibliophage](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bibliophage/32/7615_2.png) [@bibliophage](https://boards.straightdope.com/u/bibliophage)\ **Post date:** [March 6, 2004, 11:51pm UTC](https://boards.straightdope.com/t/why-hasnt-robert-novak-been-arrested/232859/14 "2004-03-06T23:51:28Z")
This being the forum for factual discussion. let’s stick to the facts about what the law is and whether there is any evidence that Mr. Novak has broken it. As long as there is no evidence that he did anything illegal, conspiracy theories about what he’s getting away with and why are fodder for Great Debates. bibliophage moderator GQ