Why is AIPAC indictment disturbing for Rove? - Rove did what Franklin did

Why is AIPAC indictment disturbing for Rove?
8/17/2005 7:00:00 AM GMT

Rove did what Franklin did


The Justice Department issued earlier this month a new indictment of Lawrence Franklin, the Pentagon official accused of passing classified information to officials of AIPAC, the pro-Israel lobbying outfit.

Analysts say that the indictment disturbed the Bush White House and Karl Rove, not only because it?s embarrassing for Bush?s admin, the Pentagon, and their neocon allies, but also because Franklin?s case is a sign that Rove and any other White House aide involved in the Plame/CIA leak might be vulnerable to prosecution under the Espionage Act.

The Franklin indictments notes:

On or about December 8, 1999, FRANKLIN signed a Classified Information Nondisclosure Agreement, a Standard Form 312 (SF-312). In that document FRANKLIN acknowledged that he was aware that the unauthorized disclosure of classified information by him could cause irreparable injury to the United States or could be used to advantage by a foreign nation and that he would never divulge classified information to an unauthorized person. He further acknowledged that he would never divulge classified information unless he had officially verified that the recipient was authorized by the United States to receive it. Additionally, he agreed that if he was uncertain about the classification status of information, he was required to confirm from an authorized official that the information is unclassified before he could disclose it.

Yet, the indictment stated that Franklin passed classified information to Steven Rosen and Keith Weissman, two senior AIPAC officials. The indictment alleged that Rosen and Weissman shared this information with Israel. Consequently, the indictment charges Franklin, Rosen and Weissman with "conspiracy to communicate National Defense Information" under sections 793(d) and 793(e) of Title 18, United States Code. And Franklin was charged with three counts of "communication of National Defense Information"--not conspiracy--under section 793(d). He was also charged with one count of "conspiracy to communicate classified information" to a foreign government.

Looking at sections 793(d) and (e), we?ll find that the first applies to government officials, and the second to nongovernment officials. But both make it a crime to pass national defense information--and the identity of an undercover CIA officer would probably count as national defense information--to a person unauthorized to receive it. These sections define violators as (d) Whoever, lawfully having possession of, access to, control over, or being entrusted with any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense the possessor has reason to believe could be used to harm the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted or attempts to communicate, deliver, transmit or cause to be communicated, delivered or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it on demand to the officer or employee of the United States entitled to receive it.

(e) Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it.

Like Franklin, Rove had to sign SF-312. As noted by As Rep. Henry Waxman in a report he released on the Rove leak, this agreement states that:

"I will never divulge classified information to anyone" unauthorized to receive it. Rove broke that vow.

Also Executive Order 12958, which the American President updated on March 2003, states 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."

But worse for Rove is section 793. Rove did pass classified information, the identity of an undercover intelligence official working on anti-WMD operations, which could be used "to the injury of the United States" to a person "not entitled to receive it."

Such information could be used to undermine CIA operations and assets connected to Valerie Wilson. The persons "not entitled" to receive such info were Robert Novak and Matt Cooper.

Rove did what Franklin did.

Some may defend Rove saying that perhaps he didn?t know that the information he was passing could be used to the detriment of the United States, but section 793 does not say a violator must be aware that the information he or she is communicating could cause harm to the United States if exposed. It only sets as a criterion that the violator "willfully" communicates this information.

But Rove, who disclosed Valerie Wilson's identity to at least two reporters, cannot argue he was not "willfully" communicating this information to others.

Source: The Nation

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