It isn't just Valerie Plame saying it:
CUMMINGS: On Wednesday night, I know that Mr. Waxman, our chair, and Congressman Reyes, the Chairman of the House Intelligence Committee, spoke personally with General Hayden, the head of the CIA. And Mr. Waxman told me that Gen. Hayden said clearly and directly, “Ms. Wilson was covert.” There was no doubt about it. By the way, the CIA has authorized us to be able to say that. In addition, I understand that Chairman Waxman sent his opening statement over to the CIA to be cleared and to make sure that it was accurate. In it, he said, “Ms. Wilson was a covert employee of the CIA.” “Ms. Wilson was undercover.” The CIA cleared these statements. I emphasize all of this because I know that there are people who are still trying to suggest that what seems absolutely clear isn’t really true and that you weren’t covert. And I think one of the things we need to do in this hearing is make sure there isn’t any ambiguity on this point. Just three more questions, did you hold this covert status at the time of the leak? Did you — the covert status at the time of the leak?
WILSON: Yes I did, congressman. Yes.
CUMMINGS: Number two, the Identities Protection Act refers to travel outside the United States within the last five years. Let me ask you this question. Again, we don’t want classified information, dates, locations, or any other details. During the past five years, Ms. Plame, from today, did you conduct secret missions overseas?
WILSON: Yes I did, congressman.
CUMMINGS: Finally, so as to be clear for the record, you were a covert CIA employee and within the past five years from today, you went on secret missions outside the United States. Is that correct?
WILSON: That is correct, congressman.
But Victoria Toensing says she wrote the law and knows its intent even though she also says she has no real idea what Plame Wilson did. The thought of a conservative arguing the "language of a statute" is trumped by "intent" is pretty ironic.
50 USC § 426:
§ 426. Definitions
For the purposes of this subchapter:
(4) The term “covert agent” means—
(A) a present or retired officer or employee of an intelligence agency or a present or retired member of the Armed Forces assigned to duty with an intelligence agency—
(i) whose identity as such an officer, employee, or member is classified information, and
(ii) who is serving outside the United States or has within the last five years served outside the United States; or
The word "stationed" or "resident" appears NOWHERE IN THE STATUTE.
These idiots got nothin'.
If their next line of defense is to rely on Kit Bond, (R-Moronville) they have even less.