Karl Rove’s Nondisclosure Agreement

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.

Now, now. Let’s not get ahead of ourselves. There’s a serious investigation going on here, and I for one think we should reserve judgment until we can be absolutely sure that a crime has been committed before we even think of finding a low-level administrative assistant Karl Rove can frame as the “bad apple” who caused leak.

One of the most basic rules of safeguarding classified information is that an official who has signed a nondisclosure agreement cannot confirm classified information obtained by a reporter. In fact, this obligation is highlighted in the “briefing booklet” that new security clearance recipients receive when they sign their nondisclosure agreements:

“Before confirming the accuracy of what appears in the public source, the signer of the SF 312 must confirm through an authorized official that the information has, in fact, been declassified. If it has not, confirmation of its accuracy is also an unauthorized disclosure.”

Fine, but then again, how do you define “confirming?” According to the dictionary, “confirm” can mean “to administer the religious rite of confirmation to.”

Now, did Karl Rove perform any religious rites on Robert Novak? I highly doubt it.

Under the executive order, the White House has an affirmative obligation to investigate and take remedial action separate and apart from any ongoing criminal investigation. The executive order specifically provides that when a breach occurs, each agency must “take appropriate and prompt corrective action.”

Now here is a point I think everyone can agree on. The White House should take prompt corrective action, in the same way they did with George Tenet after the massive intelligence failures on 9/11 and in Iraq.

That’s why, later today, Bush will be promoting Rove to Chief Of Staff, giving him a medal for meritorious service, and adding him as the fifth head on Mount Rushmore.