(CNN) Should Plame sue Rove?

Should Plame sue Rove?
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By Anthony J. Sebok
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FindLaw columnist
Special to CNN.com
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Why discovery could happen

In my last column, I noted that it would be difficult for Plame to sue Karl Rove, or any White House aide, in his individual capacity, unless she could show that her constitutional rights were knowingly violated or that she was harmed by a knowing violation of a federal law.

However, if Plame were willing to sue the federal government under the Federal Tort Claim Act (FTCA), she would have an easier time framing a lawsuit that would survive a motion to dismiss.

Under the FTCA, the federal government allows itself to be sued for certain torts which were committed by its employees in the scope of their employment.

Given the amorphous nature of a White House aide's "job," it would not be hard to imagine that speaking to the press clearly falls within the scope of the employment of Rove or anyone at the White House who may have spoken to the media with the goal of raising Plame's identity as a CIA agent.

Possible pitfall

If Plame sued Rove or any other White House aide for redress under the tort laws of the District of Columbia, she would have to confront the "discretionary function exception."

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