USC Section 423 Report
By rbdwiggins Posted in National Security — Comments (8) / Email this page » / Leave a comment »
In an earlier comment to Mark's post regarding Brit Hume and Valerie Plame, I stated:
On an annual basis, the CIA must submit a written list of every agent that has been provided Non-Official Cover by the U.S. government to the House and Senate Intelligence Committees. Precisely what affirmative measures were taken by the U.S. government to protect each agent's NOC status must accompany the list.
I erred somewhat in my original statement, and I wish to correct the record.
The CIA submits the NOC list and the affirmative measures taken to protect those with NOC status to the President, who in turn reports that information to the House and Senate Intelligence Committees.
UNITED STATES CODE
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 15 - NATIONAL SECURITY
SUBCHAPTER IV - PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION(a) Annual report by President to Congress on measures to protect identities of covert agents
The President, after receiving information from the Director of Central Intelligence, shall submit to the congressional intelligence committees an annual report on measures to protect the identities of covert agents, and on any other matter relevant to the protection of the identities of covert agents. The date for the submittal of the report shall be the date provided in section 415b of this title.(b) Exemption from disclosure
The report described in subsection (a) of this section shall be exempt from any requirement for publication or disclosure.
With that procedural correction on record, my original assumption is still relevant:
Given the Democrat's propensity to leak classified information to the press when it suits their political agenda, and absent any leaks indicating she [Valerie Plame] was indeed included in the list of NOC agents during the time period in question, I must assume that her name was not listed.
I don't know how the administration could declassify a list of NOC agents without setting a dangerous precedent that would undoubtedly weaken the Executive. It's not the same as releasing a redacted copy of a declassified portion of the National Intelligence Estimate.
Much effort has been made by the Bush Administration to reclaim the constitutional authority that has been usurped by the Legislative and Judiciary branches over the last half-century. I believe this is one of those principles that must be honored in order to maintain credibility, and a short term victory is not worth setting bad precedent.
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“The trouble with our liberal friends is not that they're ignorant; it's just that they know so much that isn't so.” – Ronald Reagan
"the President should declassify the list with regard to her name only and produce it for the last six years."
Maybe we should assume that, since he hasn't, her name is on it.
Not that I think it is, but the assumption makes about as much sense as assuming that if her name was on the list, those on the intelligence committee would have leaked it by now.
I'm old and lazy so I am combining two short responses into one short response >:)
rb... I don't see why POTUS can't declassify part of the NOC list. Just the part with (or without) her name. With respect to Plame, if she was on the NOC list, her cover's blown years ago anyway so it's not like it's revealing anything. If she's not on the list, it's news because everything that the Wilsons and their acolytes have been harping about is moot. And, oh BTW, if she's not on the list, it adds to the list of lies she and Joey have been telling under oath.
POTUS would certainly be able to declassify part of a document, after all he recently declassified portions of the NEI, so there is precedent for declassifying just a portion.
Q... While I don't know if someone on the IC leaked info, there is certainly precedent to assume they might. Jay Rockefeller had his security clearance clipped several years ago for shooting his mouth off. Same thing has happened to several other senators or staffers of both parties, sometimes by accident, sometimes not. My point here is that declassifying Plame's name put no one at risk and settles the issue.
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Congressmen who willfully take actions during wartime that damage morale and undermine the military are saboteurs and should be arrested, exiled, or hanged. — J. Michael Waller
I honestly hadn't heard this argument before.
And I can't help but think the democrats in congress would have found some way to leak that her name was on that list, maybe not, but then they haven't had too many qualms about leaking other classified programs, why would they have qualms on this one.
Also, at this point, I think the only way to resolve this issue is for the CIA to confirm one way or the other under oath that Plame met the requirements for the law to have been violated.
They don't have to provide details as to when and where she was, but confirming that she was NOC isn't going to change the risk-the people who care about whether she was covert have probably already acted as if she was, to see if any damage was done to their programs and the like.
I read so much that retrieval-mode had to be seriously engaged in order to recall where I first saw that.
Even rogue elements within the CIA might possibly leak the information regarding Plame's NOC status if they thought it would advance their anti-Bush agenda, but I'm almost positive the Bush Administration would not release this information just to satisfy his supporters and silence the critics, because I believe President Bush is convinced that practice would set bad precedent. I believe it would, in fact, set bad precedent.
I offer this letter from Fred F. Fielding, Counsel to the President, in support of my statement regarding President Bush.
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“The trouble with our liberal friends is not that they're ignorant; it's just that they know so much that isn't so.” – Ronald Reagan
Well done
"During my lifetime, all our problems have come from mainland Europe, and all the solutions from the English-speaking nations across the world." - Thatcher
Actually, that's the heading I used when taking notes for this blog. It seemed to convey a simple message, so I let it stand.
To answer one of your past emails: Unfortunately, I do not attend UVA Law. Constitutional law and almost anything regarding national security are intense hobbies of mine, and I usually read one book or document, sometimes two, every week. I build rather large custom homes to buy more books, pay the bills, put food on the table and pay for my daughter's extremely expensive college education. ;)
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“The trouble with our liberal friends is not that they're ignorant; it's just that they know so much that isn't so.” – Ronald Reagan
the President should declassify the list with regard to her name only and produce it for the last six years.
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Congressmen who willfully take actions during wartime that damage morale and undermine the military are saboteurs and should be arrested, exiled, or hanged. — J. Michael Waller