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Lawrence A. Franklin |
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Why AIPAC Indictment Is Bad News for Rove, Source: The Nation, David Corn | |
Rove, like Franklin, had to sign SF-312. As Rep. Henry
Waxman noted in a short report he released on the Rove leak, this
nondisclosure agreement states, "I will never divulge classified
information to anyone" unauthorized to receive such information. Rove
broke that vow. And Executive Order 12958--which Bush updated on March 25,
2003-- says that "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." The sanctions include "reprimand,
suspension without pay, removal, termination of classification authority,
loss or denial of access to classified information, or other
sanctions." So Rove ought to be slapped with one of those
punishments.
But worse for Rove--from a legal perspective--is section 793. Rove did communicate classified information which could be used "to the injury of the United States" to a person "not entitled to receive it." The information was the identity of an undercover intelligence official working on anti-WMD operations. Such information could be used to thwart or undermine past or present CIA operations and assets connected to Valerie Wilson. The persons "not entitled" to received this info were Robert Novak and Matt Cooper (and perhaps there were more). I am--as I've said before--no lawyer. But given the letter of the law in section 793, it seems to me there is a case to be made that Rove essentially did what Franklin did. There may be a difference in intent or awareness. Perhaps Rove did not know he was passing on classified information that could be used to the detriment of the United States (though he should have realized that had he given the matter a moment or two of thought), and it seems that Franklin had to know he was sharing classified material with outsiders. But section 793 does not say a violator must be aware he or she is passing on information that could cause harm to the United States if exposed. It only sets as a criterion that the violator "willfully" communicates this information. I assume that means a purely accidental slip of the lip would not be a crime. But Rove--who told at least two reporters about Valerie Wilson's CIA position--cannot argue he was not "willfully" communicating this information to others. So might Fitzgerald have a case under section 793? Journalists don't like these sorts of prosecutions, for it brings us close to an official secrets act (like the one that exists in Britain). If prosecutors chased after government leakers--say those who leaked intelligence showing that the White House's case for war in Iraq was weak--the public would suffer. And the Justice Department's indictment of Rosen and Weissman--nongovernment officials--for passing along classified information is also worrisome for reporters who pass along classified information by publishing and airing stories that contain secret information. But Fitzgerald has certainly demonstrated he's not too concerned about pursuing legal cases and setting legal precedents that are bad for journalism. And that's why Rove ought to be sweating the Franklin indictment.
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Partial
text of draft Iraqi constitution Agencies Tuesday August 23, 2005
The following is an
excerpt from the preamble, and the partial text of the draft
constitution for Iraq as translated by Reuters and the Associated Press.
PREAMBLE "Terrorism and the denunciation of people as non-Muslims have not stopped us going forward to build a state of law, and sectarianism and racism have not stopped us ... following the peaceful rotation of power, adopting the principle of fair distribution of resources and allowing equality of opportunity for all. "We, the Iraqi people now rising from suppression and looking forward to a future in a republican, federal, democratic and pluralist system, have made a pact to respect the rule of law, reject the politics of aggression, give attention to the rights of women, men and children, spread the culture of diversity, and uproot terrorism. "We, the people of Iraq, have taken upon ourselves to write this constitution in freedom and unity, to learn from what has preceded it and let it be a guide to us in the future, and to draft it using the values and examples of the prophets of old and new developments in knowledge and civilization. Abiding by this constitution will preserve for Iraq the free unity of its components in terms of people, land and sovereignty." CHAPTER ONE CHAPTER TWO C
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HAPTER
THREE Article 66 A presidential candidate should: 1. Be Iraqi by birth and the offspring of two Iraqi parents. 2. Be no less than 40 years old. 3. Have a good reputation and political experience, and be known as honest and faithful to the nation. Article 75 The prime minister should have all the qualifications as the presidential candidate and should have a university degree or its equivalent and should not be less than 35 years old. Article 104 A general commission should be set up to observe and specify the central (government) revenues, and the commission should be made up of experts from the central government, regions, provinces and representatives. CHAPTER 4 CHAPTER FIVE CHAPTER SIX
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