Those pesky federal regulations could end up annoying the White House almost as much as the Dems who keep brining the up. Yesterday, there was ample discussion of Standard Form 312, which is a nondisclosure agreement for federal officials, which Karl Rove signed, which prohibited him from even confirming confidential information, which, late last week, was the White House’s latest defense.
Yesterday, however, we were back to Executive Order 12958.
The president unveiled a new line yesterday — he’d fire the leakers if they’re convicted, not just for leaking — which was obviously at odds with the old standard. Rep. Henry Waxman (D-Calif.) gently reminded Bush that this simply isn’t a matter of changing one’s mind; he has a legal obligation he has to follow.
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.” 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.”
Under the executive order, the President may not wait until criminal intent and liability are proved by a prosecutor. Instead, the President has an affirmative obligation to take “appropriate and prompt corrective action.” 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. In contrast, the administrative sanctions under Executive Order 12958 can be imposed without a finding of intent. Under the executive order, the President is 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. (emphasis added)
Established policies governing the executive branch are not suggestions. Bush doesn’t have the luxury of concluding, “I’d prefer to wait to see if indictments are issued.”
E.O. 12958 mandates White House action. Will the president comply?