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I know this isn't science for the people.  It's truth for the people
though.  This information needs to be widely disseminated so Bush and
Rove will find it more difficult to massage the facts.

Wren Osborn


truthout URL
http://www.truthout.org/docs_2005/071805Q.shtml
original URL
http://www.yubanet.com/artman/publish/article_22933.shtml

         Waxman: Bush Statement on Rove Conflicts with Executive Order
         By Rep. Henry A. Waxman
         YubaNet

         Monday 18 July 2005

         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 USC sec. 421(a).
         [7] Executive Order 12958, sec. 5.5(b).

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