Friday, July 15, 2005

Karl Rove Violated his Nondisclosure Agreement...

Section 5.5b of the amended Executive Order 12958 - Classified National Security Information states...

Officers and employees of the United States Government, and its contractors, licensees, certificate holders, and grantees shall be subject to appropriate sanctions if they knowingly, willfully, or negligently:
(1) disclose to unauthorized persons information properly classified under this order or predecessor orders...


With all the stories flying around about Rove talking to reporters in the case of Valerie Plame being outed, I wanted to point out something that is quite obvious and it has nothing to do with partisan bickering or whether Rove did the "outing".

The above section of Executive Order 12958, which you can find at ISOO (Information Security Oversite Office website) states that it is a violation to disclose classified information to an unauthorized person. Rove has testified that he had confirmed Novak about Plame, in other words, if this version is correct (we have heard for a while now that he was not involved), then he did in fact knowingly, willfully and negligently verify classified information to a person not authorized to have it.

It may not be the crime of intentionally outing an undercover CIA Operative but is is assuredly a violation of Executive Order 12958.

Section 1.1b of the same Executive Order states...

Classified information shall not be declassified automatically as a result of any unauthorized disclosure of identical or similar information.

Rove has no excuse here because even IF Novak brought it up and mentioned Plame and her position in the CIA, that did not make the information declassified, therefore Rove violated the order by verifying any classified information Novak might have had.

Section 4.1c states...

Classified information shall remain under the control of the originating agency or its successor in function. An agency shall not disclose information originally classified by another agency without its authorization...

If Rove, as Bush's advisor, wanted to verify classified CIA information he was bound to talk to the CIA first...but, of course, he did not.

There is a really interesting part here that leads to more restrictions...section 4.1a (2)...

the person has signed an approved nondisclosure agreement

OK...so let's look at the nondisclosure agreement that Rove had to sign...

Paragraph 3, for example...I have been advised that any unauthorirized disclosure, unauthorized retention or any negligent handling of classified information by me could cause damage or irreperable injury to the United States or could be used to advantage by a foriegn nation. I hereby agree that I will never divulge classified information to anyone unless (a) I have officially verified that the recipient has been properly authorized by the United States Government to recieve it: or (b) I have been given prior written notice of authorization from the United States Government Department or Agency responsible for the classification of the information or last granting me a security clearance that such disclosure is permitted. I understand that if I am uncertain about the classification status of information, I am required to confirm from an authorized official that the information is unclassified before I may disclose it, except to a person as described in (a) or (b) above. I further understand that I am obligated to comply with laws and regulations that prohibit the unauthorized disclosure of classified information.

Paragraph 4 begins with...I have been advised that any breach of this Agreement may result in the termination of any security clearances I hold; removal from any position of special confidence and trust requiring such clearances; or the termination of my employment or other relationships with the Departments or Agencies that granted my security clearance or clearances...

OK...let's put all this into perspective. Rove's lawyer is attempting to say that Rove did nothing wrong by trying to make distinctions in the Executinve Order 12958. There are no distictions that you can pull out of the hat here. The EO 12958 and the nondisclosure agreement that Rove (and all Federal employees) signed states that negligent handling of classified information is a breach of the Agreement and violation of EO 12958, so even if Rove was not the person who "outed" Plame, he is still in violation of Federal Law. Even if he only CONFIRMED the information that Novak had, he still violated the law by confirming classified information to a person not authorized to have it.

Several years ago, George H. W. Bush fired Karl Rove under suspicion that Rove leaked information to Novak (70's)...same aide, same reporter looks really suspicious.

George W. Bush has stated publically that he would fire anyone involved in this. Rove swore for two years he was not involved at all but now swears under oath that he verified a reporter's classified information, which Rove was under an Agreement not to negligently handle. If Bush is really true to his word he needs to fire Rove for the breach of his Nondisclosure Agreement and violation of Executive Order 12958.

I will wager that Bush will not do his duty and will not keep his word...too many Evangelicals seem to have put this administration on a pedestal and now they seem to believe they are all above the law...and the truth will die with the people who have fought and died for this country.

1 Comments:

At 9:48 AM, Anonymous povvy said...

Good work my friend. Keep it up.

 

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