http://oversight.house.gov/Documents/20050722112741-08280.pdf(Thanks Dave!)
KARL ROVE’S NONDISCLOSURE AGREEMENTExecutive Order 12958 governs how federal employees are awarded security clearances in order to obtain access to classified information. It was last updated by President George W. Bush on March 25, 2003, although it has existed in some form since the Truman era. The executive order applies to any entity within the executive branch that comes into possession of classified information, including the White House. It requires employees to undergo a criminal background check, obtain training on how to protect classified information, and sign a “Classified Information Nondisclosure Agreement,” also known as a SF-312, promising not to reveal classified information. The nondisclosure agreement signed by White House officials such as Mr. Rove states:
“I will never divulge classified information to anyone” who is not authorized to receive it.THE PROHIBITION AGAINST “CONFIRMING” CLASSIFIED INFORMATIONMr. Rove, through his attorney, has raised the implication that there is a distinction between releasing classified information to someone not authorized to receive it and confirming classified information from someone not authorized to have it. In fact, there is no such distinction under the nondisclosure agreement Mr. Rove signed.
Armitage signed the same SF-312 agreement and then had the now infamous taped conversation with Woodard in which he reveals Mrs. Wilson's identity as well as her function as a CIA agent. We've all actually
heard Armitage saying that shit to Woodward! Now, maybe I'm having a brain-fart or something but has Armitage been held accountable for this act of treason or been made to suffer in any way as a result of revealing a State secret to Woodard who was "not authorized to receive it"?
I mean, has my recently aquired employment left me with so little time that I missed something this hugh!!11! If so, I'm so screwn!!!11! If I missed something that big, then I fear I might become one of "them"....
An average American.
YIKES!
I mean, my ole lady already has me expending some of our "together time" watching American Idol and Survivor for crying-out-loud! What's next? I'll submit to the anxiety and sense of impending doom that lies just below the surface and allow myself to be mesmerized by the likes of James Dobson and Pat Robertson and begin to blindly follow my leaders, questioning them not?
Hell, all I would be then is a full-on moran!
But seriously:
One of the most basic rules of safeguarding classified information is that an official who has signed a nondisclosure agreement cannot confirm classified information obtained by a reporter. In fact, this obligation is highlighted in the “briefing booklet” that new security clearance recipients receive when they sign their nondisclosure agreements:
Before … confirming the accuracy of what appears in the public source, the signer of the SF 312 must confirm through an authorized official that the information has, in fact, been declassified. If it has not, … confirmation of its accuracy is also an unauthorized disclosure.
THE INDEPENDENT DUTY TO VERIFY THE CLASSIFIED STATUS OF INFORMATION
Mr. Rove’s attorney has implied that if Mr. Rove learned Ms. Wilson’s identity and occupation from a reporter, this somehow makes a difference in what he can say about the information. This is inaccurate. The executive order states: “Classified information shall not be declassified automatically as a result of any unauthorized disclosure of identical or similar information.”
Mr. Rove was not at liberty to repeat classified information he may have learned from a reporter. Instead, he had an affirmative obligation to determine whether the information had been declassified before repeating it. The briefing booklet is explicit on this point: “before disseminating the information elsewhere … the signer of the SF 312 must confirm through an authorized official that the information has, in fact, been declassified.
So, correct me if I'm wrong. Mr. Rove's attorney has admitted that Mr. Rove did indeed disclose a State secret to a reporter who was "not authorized to receive it". Too wit, why does Mr. Rove still have a security clearance and why does he still have a key to the White House? For your lawyer to say that you broke the law and commited a treasonous act kinda sorta says you're fucked. And ignorance is not an excuse.
“NEGLIGENT” DISCLOSURE OF CLASSIFIED INFORMATION
Mr. Rove’s attorney has also implied that Mr. Rove’s conduct should be at issue only if he intentionally or knowingly disclosed Ms. Wilson’s covert status. In fact, the nondisclosure agreement and the executive order require sanctions against security clearance holders who “knowingly, willfully, or negligently” disclose classified information.6 The sanctions for such a breach include “reprimand, suspension without pay, removal, termination of classification authority, loss or denial of access to classified information, or other sanctions.”7
THE WHITE HOUSE OBLIGATIONS UNDER EXECUTIVE ORDER 12958
Under the executive order, the White House has an affirmative obligation to investigate and take remedial action separate and apart from any ongoing criminal investigation. The executive order specifically provides that when a breach occurs, each agency must “take appropriate and prompt corrective action.”8 This includes a determination of whether individual employees improperly disseminated or obtained access to classified information.
The executive order further provides that sanctions for violations are not optional. The executive order expressly provides: “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.”
There is no evidence that the White House complied with these requirements.
Yet, still, there he is.
Well, if the White House won't put a boot in his ass...GO WAXMAN!