Waxman: New Bush Statement on Rove Conflicts with Executive Order

Yubanet.com ^ | July 18, 2005 | Rep. Henry A. Waxman

[Maceman]

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

1 Press Conference: President Discusses Job Creation With Business Leaders (Sept. 30, 2003). 2 Bush: CIA Leaker Would Be Fired if Crime Committed, Reuters (July 18, 2005); Bush: Any Criminals in Leak to Be Fired, Associated Press (July 18, 2005). 3 Executive Order 12958, sec. 5.5(b). 4 Id. at sec. 5.5(c). 5 Id. at sec. 5.5(e). 6 50 U.S.C. sec. 421(a). 7 Executive Order 12958, sec. 5.5(b).

[Just mythoughts]

L O L!!!!

[Prime Choice]

Where was the Leftist outrage when Klinton was selling us out to China? And how about when Sandy Berger was stuffing classified docs into his socks?

Tend to the beam in thine own eye, O Loony Left!

[E. Pluribus Unum]

This is getting beyond silly.

I hope they keep this up until the 2006 election.

[AbeKrieger]

I don't believe anyone has yet proven that any member of the administration has acted negligently. Until such time, put that bag back over your head Waxman, you're scaring my children.

[stylin19a]

From the Clinton EO

(b) Except as otherwise provided by statute, no other terms shall be used to identify United States classified information.

Buh-Bye Mr. Waxman.

[Reactionary]

Time to move the goalposts since their initial story didn't pan out.

They're flailing around wildly with this. It makes me wonder what it is they're worried about.

[newconhere]

I could park my car in his nostril.

[eyespysomething]

[Bommer]

Dear Mr. Waxman,

Since when is a scumbag like yourself concerned with my obligations? Please go pound sand and bag that Lon Cheney face of yours!

Sincerely,

W

[Disambiguator]

Just looking at Waxman tells you all you need to know about him.

[ravingnutter]

Officers and employees of the United States Government ... shall be subject to appropriate sanctions if they knowingly, willfully, or negligently

That renders his point moot right there. Fitzgerald has already cleared Rove on that issue.

[Dems_R_Losers]

Zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz

[End Times Sentinel]

This vapid excretion just proves the fact that Waxman gets by on his charming good looks.

 

 

Owl_Eagle

(If what I just wrote makes you sad or angry,

 it was probably sarcasm)

[twigs]

Waxman is such a hypocrite. I found out there was a job opening in his office when I went to DC looking for a job after completing graduate school. All they could ask me was how fast I could type and tell me that I was over-qualified to do that. Couldn't consider hiring a professional, well-educated woman. Granted, that was 25 years ago, but I always laugh when I read these "high-minded sentiments" from this man.

[NathanBookman]

Rove's lawyer already said Rove did not get any info from any classified document or source.

Waxman's mouth scares me. Not just what comes out of it, but the way it actually looks.

[capydick]

[CharlesWayneCT]

And, if it is shown that Karl Rove purposely or negligently released "properly classified" information, he should be reprimanded or worse by the administration. The facts in evidence at this point do not show that Rove released any classified information, properly classified or not. And it does not appear that he purposely or negligently released any information about Valerie Plame. Telling a reporter that "you had heard" something they just told you is not "confirming" anything, nor is it negligent to do so without first checking to make sure that none of the information could possibly be classified. There is however an interesting lesson here, which is that if you collect enough unclassified information and put it together, you can end up with something that should be classified. "Wilson is married to a CIA employee" - unclassified. "Mrs. Wilson is Valerie Plame" - unclassified. "Valerie Plame lists as her official employer - unclassified. "Valerie Plame drives into the CIA parking lot" - unclassified. But if you find out that is a CIA front group, now you know that Valerie Plame was "trying to hide her CIA employment". If Wilson says "Someone who said my wife works at the CIA should be prosecuted for releasing classified information" -- sounds like he just confirmed classified information.

[linkinpunk]

What was Waxman's position on Dan Rostenkowski's ability to continue serving after he was indicted?

[Semper Paratus]

Waxman is just asking for a wedgie.