That pesky Executive Order 12958

Following up on an item from yesterday, I continue to be fascinated (and more than a little disgusted) by the White House’s negligence on the Plame leak. The revelations from yesterday confirmed our worst fears — and then some.

Let’s be clear about the big picture. When it comes to handling of classified information, there are a series of administrative rules that govern federal agencies, including the White House. These are not optional. They can’t be ignored for political convenience. They are not suggestions for employees to consider.

One of them is Executive Order 12958, which includes specific requirements that must be followed to prevent leaks from occurring and for investigating and responding to leaks after they occur. Includes all kinds of provisions, including a mandatory investigation, and revoked security clearances for those who mishandle — accidentally or deliberately — classified information.

Officials from the Bush White House, after the Plame scandal broke, insisted that existing rules were being followed. Bush said he was anxious to get to the bottom of what happened. The White House declared, “There is a process that the administration has in place to address the leak of classified information.” The president’s chief spokesperson assured the nation, “There is a process that the administration has in place to address the leak of classified information. Make no mistake about it, the President has always held the view that the leaking of classified information is a very serious matter. And the process was followed.”

There’s no way around the simple fact that White House officials were lying, blatantly and without shame. But even more importantly, we learned yesterday that these same officials were legally obligated to follow administrative rules, but decided to ignore them altogether. There was a process in place, but Bush’s aides decided not to follow it.

Late yesterday, Rep. Henry Waxman (D-Calif.) asked White House Chief of Staff Joshua Bolten to explain why.

James Knodell, Director of the Office of Security at the White House, testified at the hearing about White House procedures for safeguarding classified information. During his testimony, Mr. Knodell made some remarkable statements about how his office handled the disclosure of Ms. Wilson’s covert status. Specifically, Mr. Knodell testified:

* The Office of Security for the White House never conducted any investigation of the disclosure of Ms. Wilson’s identity;

* Under the applicable executive order and regulations, your senior political advisor, Karl Rove, and other senior White House officials were required to report what they knew about the disclosure of Ms. Wilson’s identity, but they did not make any such report to the White House Office of Security; and

* There has been no suspension of security clearances or any other administrative sanction for Mr. Rove and other White House officials involved in the disclosure.

According to Mr. Knodell, the explanation for the lack of action by the White House Security Office was a White House decision not to conduct a security investigation while a criminal investigation was pending. Mr. Knodell could not explain, however, why the White House did not initiate an investigation after the security breach. It took months before a criminal investigation was initiated, yet according to Mr. Knodell, there was no White House investigation initiated during this period.

Mr. Knodell also testified that it would be inappropriate to allow an individual who was a security risk to retain his or her security clearance while a criminal investigation is pending. As members of the Committee pointed out, a criminal investigation can last years, and it would jeopardize national security not to investigate the officials implicated in the leak and suspend their security clearances if there were reason to suspect their involvement. Mr. Knodell did not dispute this point.

The testimony of Mr. Knodell appears to describe White House decisions that were inconsistent with the directives of Executive Order 12958, which you signed in March 2003. Under this executive order, the White House is required to “take appropriate and prompt corrective action” whenever there is a release of classified information. Yet Mr. Knodell could describe no such actions after the disclosure of Ms. Wilson’s identity.

Taken as a whole, the testimony at today’s hearing described breach after breach of national security requirements at the White House. The first breach was the disclosure of Ms. Wilson’s identity. Other breaches included the failure of Mr. Rove and other officials to report their disclosures as required by law, the failure of the White House to initiate the prompt investigation required by the executive order, and the failure of the White House to suspend the security clearances of the implicated officials.

To assist the Committee in its investigation into these issues, I request that you provide the Committee with a complete account of the steps that the White House took following the disclosure of Ms. Wilson’s identity (1) to investigate how the leak occurred; (2) to review the security clearances of the White House officials implicated in the leak; (3) to impose administrative or disciplinary sanctions on the officials involved in the leak; and (4) to review and revise existing White House security procedures to prevent future breaches of national security.

I realize that once the general public hears the phrase “Executive Order 12958,” their eyes glaze over, but this isn’t complicated: There was a leak of classified information; White House officials were obligated to take certain steps in response; the Bush gang didn’t care.

There’s no defense to explain this away. The Bush gang has been caught red-handed.

The glory days (if you’re a Republican) of the Bush gang doing whatever they damned pleased, without any regard for the rules (unless they could be used against Democrats) are gone. I doubt Bush will actually be impeached (although I wouldn’t be at all sorry to be wrong), but a slow leaching of scandals and improprieties for the remainder of his presidency will ensure he is recorded as the worst, and likely crookedest president in history. Criminal prosecution, if the American public can ever work up the sack for it, would be much more appropriate than impeachment.

  • The explanation is simply that the Bush Crime Family is the Bush Crime Family.

    We’ve got to stop expecting them to respect the rule of law. They don’t. They’re predatory monsters out to enrich themselves at our expense. St. Ronnie’s slogan in dealing with the USSR was their own proverb “Trust but verify”. Based on experience with the Bush Crime Family, ours should simply be “Trust not.”

  • I am sick and tired of the right wing jerks saying no law was broken because Plame was not undercover.

    That is not the reason that no charges were brought is the law REQUIRES the person disclosing the agent to INTEND to hurt the national security of the US.

    Obviously, no one intended to harm the national security. Some people were just passing around gossip and others wanted to discredit Wilson and others did it for other reasons. But proving they wanted to hurt the national security of the US would be a really tough sell.

  • But the leak wasn’t negligence, Steve. It wasn’t carelessly done. It was done with deliberate malice aforethought.

  • From Rising Hegemon

    The Republicans have a Butch and Sundance problem. They’ve either failed — or are petulantly refusing — to realize that 11/7 changed everything. Americans are onto their bullshit and no amount of Kate O’Bierne yipping, “She wasn’t covert!” or Matt Drudge screaming “Clinton fired U.S. Attorneys (and got a blow job)!” or Anne Coulter screeching, “He’s a faggot!” or Madingaling howling, “The mosque wasn’t ‘destroyed’!” is going to change that. Americans have had enough. It’s over.

    Remember how it ended for Butch and Sundance? I wonder how it will end for the Republican party?

    posted by res ipsa loquitur

  • I was struck how the msm coverage on the hearing did a fairly good job of reporting what Plame said, a pretty darned poor job of noting that the CIA Director definitively confirmed her covert status, a good job if ignoring Toesing, and barely a mention of the lack of an internal White House investigation. Maybe if CB and the other progressive blogs keep mentioning this the MSM will notice it as well. It fits nicely with their emerging narrative of an administration that can’t be trusted. And they do like to flog their narratives.

    In a week when the MSM began to admit that some progressive blogs have done some mighty fine reporting that they failed to do (TPM), one would think that maybe, just maybe, they will start to look to TPM and CB and Greenwald and maybe KOS before they check out Drudge. Maybe the reality based community will start to “rule their world” instead of RW rumour mongers.

    Hey, I can dream.

  • Thank-you, thank-you, thank-you for addressing this, CB.

    I can’t help but think this is much more important than the prosecutor purge, but as several above have noted, it has gotten next to no MSM coverage. I’ve been polluting the Net with posts encouraging folks not to let this matter pass, and I hope we can all keep up with it here.

    Henry Waxman gets it as his letter to Bolten indicates, and various members of his committee got it yesterday as evidenced by their shock at Knodell’s testimony. MSM doesn’t, so it may be up to us to change their minds. Again.

  • The WH knew who leaked. They did no investigation because it would only incriminate them but by doing no investigation it actually does incriminate them to the highest level. Cheney just thought he could do whatever he wanted because nobody could do anything about it. Surprise…and congratulations to CB for keeping this focus where it needs to be…on the WH

    Truth has its own ring and once again the bell tolls loudly in the blogosphere.

  • But the question remains, why does Karl Rove still have a security clearance? And how do we know that he has not compromised our national security in other ways given his propensity to use state secrets for political advantage?

    You’re doing a heck of a job James Knodell.

  • Intention to harm the national security is not required. Nor is an executive order. There’s relevant federal law – TITLE 50 > CHAPTER 15 > SUBCHAPTER IV > § 421

    (b) Disclosure of information by persons who learn identity of covert agents as result of having access to classified information
    Whoever, as a result of having authorized access to classified information, learns the identify of a covert agent and intentionally discloses any information identifying such covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such covert agent and that the United States is taking affirmative measures to conceal such covert agent’s intelligence relationship to the United States, shall be fined under title 18 or imprisoned not more than five years, or both.

    That seems clear enough to me.

    Regards, Cernig

  • This is the part of the story that has to come out, and I know it will. If Bill Clinton had done this, he would be facing a firing squad. This is so much worse that pointing a finger at the camera and denying a private sexual relationship; this is George W Bush promising the public a full investigation of who leaked the name of a CIA undercover agent, and then not following up. How stupid do they think we are? This is absolutely insulting, and it is doubly insulting that we are net hearing about this on the six o:clock news.

  • This administration has seen fit to break every rule that has stood in their way. They have lied and have the gual to stack lie after lie upon the first lie. They have never been called to account. Why would they think that a little National Security Rule would have any affect on them? It seems to me that although they find themselves confronted on many fronts they understand that there is no one ready to pull the “Impeachment trigger”?

  • Of course their is no defense for what Bush does, God is on his side.

    What, why are you all laughing at me??

  • WH must investigate and fire the leakers. That’s the law. If WH cannot uphold the law – impeach. That’s also the law.

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