Way back in January 2004, Rep. Henry Waxman (D-Calif.), as ranking member of the House Government Reform Committee, asked the General Accounting Office to investigate whether the White House followed appropriate “administrative requirements to safeguard classified information” following the leak of Valerie Plame’s identity. Specifically, Waxman relied on Executive Order 12958.
There are a host of administrative rules that govern how federal agencies, including the White House, are supposed to safeguard the nation’s most crucial secrets. These administrative rules, many of which are included in Executive Order 12958, set forth specific requirements to be followed to prevent leaks from occurring and for investigating and responding to leaks after they occur. These rules apply to the White House.
The order requires a series of actions, including restricting access to classified information, appropriate training for those with access, and, of course, not leaking secrets. Indeed, E.O. 12958 “makes clear that confirming the accuracy of classified information, or calling attention to classified information that has appeared publicly, is considered just as much a violation as an unauthorized leak.”
Yesterday, as Tapped’s Sam Rosenfeld noted, Waxman brought back E.O. 12958 to gently remind White House Chief of Staff Andy Card that the White House has a legal obligation to carry out an internal investigation when classified information gets leaked.
Several key requirements apply when a leak occurs. Under E.O. 12958, executive branch officials must investigate the security breach, take administrative actions against employees who violate these rules, and adjust procedures in order to prevent similar security breaches in the future. E.O. 12958 provides that when a violation or infraction of the administrative rules occurs, each agency must “take appropriate and prompt corrective action.” This may include a determination of whether individual employees improperly obtained access to or disseminated classified information. If employees violated their nondisclosure agreements, sanctions may be warranted. The executive order requires that “at a minimum,” the agency must “promptly remove the classification authority of any individual who demonstrates reckless disregard or a pattern of error in applying the classification standards.”
Pulling Rove’s security clearance is not some Dem talking point. The White House, under established policies governing the executive branch, may not have a choice.
Card will no doubt want to follow the rules, right? That internal investigation of the security breach should, therefore, get underway any day now, right?