Waxman: Bush Statement on Rove Conflicts with Executive Order

[dweller]

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" 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.yubanet.com/artman/publish/article_22933.shtml
http://www.truthout.org/docs_2005/071805Q.shtml

dp

[NMDemDist2]

1. kick for the Honorable Mr. Waxman n/t

[jimshoes]

2. I expect he'll recind

Executive Order 12958 any moment now.

[ClintonTyree]

3. You go, Henry..........

bush is obligated to, at the very least, suspend these jackasses pending the outcome of the investigation.

This MUST GO to KO at MSNBC.

[indepat]

4. You can count on W doing what he is obviously obligated to do

[cosmik debris]

5. Alberto Gonzales ruled that Executive order 12958 is "quaint"

and outdated! Well, not really, but it is fun to guess what the ruling will be from the Justice Dept. They have to come up with something soon. Perhaps we should have a contest?