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>
<http://www.truthout.org/docs_2005/071805Q.shtml>