Waxman: Bush Statement on Rove Conflicts with Executive Order
By Rep. Henry A. Waxman
YubaNet
Monday 18 July 2005
Dear Mr. President:
In June 2004, you said that you would fire anyone found to be
involved in the disclosure of Valerie Wilson's identity as a covert CIA
agent. [1] Today, you significantly changed your position, stating that
you would remove Karl Rove or other White House officials involved in the
security breach only "if someone committed a crime." [2]
Your new standard is not consistent with your obligations to enforce
Executive Order 12958, which governs the protection of national security
secrets. The executive order states: "Officers and employees of the
United States Government ... shall be subject to appropriate sanctions if
they knowingly, willfully, or negligently ... disclose to unauthorized
persons information properly classified." [3] Under the executive order,
the available sanctions include "reprimand, suspension without pay,
removal, termination of classification authority, loss or denial of
access to classified information, or other sanctions." [4]
Under the executive order, you may not wait until criminal intent and
liability are proved by a prosecutor. Instead, you have an affirmative
obligation to take "appropriate and prompt corrective action." [5] And
the standards of proof are much different. A criminal violation of the
Intelligence Identities Protection Act, which Special Prosecutor
Fitzgerald is investigating, requires a finding that Mr. Rove
"intentionally disclose[d]" the identity of a covert agent. [6] In
contrast, the administrative sanctions under Executive Order 12958 can be
imposed without a finding of intent. Under the express terms of the
executive order, you are required to impose administrative sanctions -
such as removal of office or termination of security clearance - if Mr.
Rove or other officials acted "negligently" in disclosing or confirming
information about Ms. Wilson's identity. [7]
I have enclosed a fact sheet on Karl Rove's Nondisclosure Agreement
and its legal implications, which provides additional detail about the
President's national security obligations. I urge you to act in
compliance with Executive Order 12958 and your responsibility to
safeguard national security secrets.
Sincerely,
Henry A. Waxman
Ranking Minority Member
http://www.truthout.org/docs_2005/071805Q.shtml
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