Rove is guilty of "NEGLIGENT" DISCLOSURE OF CLASSIFIED INFORMATION

[whistle]

<snip>

Karl Rove’s Nondisclosure Agreement

By: Rep. Waxman
Published: July 15, 2005 at 11:30

A fact sheet released today by Rep. Waxman explains that the nondisclosure agreement signed by Karl Rove prohibited Mr. Rove from confirming the identity of covert CIA agent Valerie Wilson to reporters. Under the nondisclosure agreement and the applicable executive order, even "negligent" disclosures to reporters are grounds for revocation of a security clearance or dismissal.

Karl Rove's Nondisclosure Agreement Today, news reports revealed that Karl Rove, the White House Deputy Chief of Staff and the President's top political advisor, confirmed the identity of covert CIA official Valerie Plame Wilson with Robert Novak on July 8, 2003, six days before Mr. Novak published the information in a nationally syndicated column. These new disclosures have obvious relevance to the criminal investigation of Patrick Fitzgerald, the Special Counsel who is investigating whether Mr. Rove violated a criminal statute by revealing Ms. Wilson's identity as a covert CIA official.

Independent of the relevance these new disclosures have to Mr. Fitzgerald's investigation, they also have significant implications for: (1) whether Mr. Rove violated his obligations under his "Classified Information Nondisclosure Agreement" and (2) whether the White House violated its obligations under Executive Order 12958. Under the nondisclosure agreement and the executive order, Mr. Rove would be subject to the loss of his security clearance or dismissal even for "negligently" disclosing Ms. Wilson's identity.

KARL ROVE'S NONDISCLOSURE AGREEMENT

Executive 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.1 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.2

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<link> http://www.yubanet.com/artman/publish/article_22864.shtml

[eleny]

1. This dovetails nicely with John Deans Findlaw article

http://writ.news.findlaw.com/dean/20050715.html

"The Randel Precedent -- If Followed -- Bodes Ill For Rove
Karl Rove may be able to claim that he did not know he was leaking "classified information" about a "covert agent," but there can be no question he understood that what he was leaking was "sensitive information." The very fact that Matt Cooper called it "double super secret background" information suggests Rove knew of its sensitivity, if he did not know it was classified information (which by definition is sensitive)."

[fob]

2. Damn facts keep fucking things up for that contemptible prick, don't they?

[whistle]

6. Yes sir-ry bob!

[rzemanfl]

3. Just like pilots who negligently fly too close to the White House

lose their licenses.

[crispini]

4. More grounds for an indictment under the ESPIONAGE Act.

There are six criteria involved:

(1) possession of
(2) information
(3) relating to the national defense
(4) which the person possessing it has reason to believe could be used to damage the United States or aid a foreign nation and
(5) wilful communication of that information to
(6) a person not entitled to receive it.

Under the Espionage Act, the person doing the communicating need not actually believe that revelation could be damaging; he needs only "reason to believe." Classification is generally reason to believe, and a security-clearance holder is responsible for knowing what information is classified.

from...
http://www.markarkleiman.com/archives/valerie_plame_/2005/07/the_plame_game_no_its_not_all_about_the_intelligence_identities_protection_act.php

[whistle]

7. For both Rove and Novak.....

[RC]

5. Classified Information Nondisclosure Agreement

(Standard Form 312)

http://www.fas.org/sgp/isoo/sf312.html

The SF312 Form
http://www.fas.org/sgp/isoo/new_sf312.pdf