The Case Against Rove
No, I’m not talking about perjury, but rather, Rove’s security clearance. Jonathan Alter makes the case for Rove losing his, and it’s a pretty compelling one:
According to last week’s indictment of Scooter Libby, a person identified as “Official A” held conversations with reporters about Plame’s identity as an undercover CIA operative, information that was classified. News accounts subsequently confirmed that that official was Rove. Under Executive Order 12958, signed by President Clinton in 1995, such a disclosure is grounds for, at a minimum, losing access to classified information.
Section 5.1 of Clinton’s executive order prohibits “any knowing, willful or negligent action that could reasonably be expected to result in an unauthorized disclosure of classified information.” While the law against revealing the identity of a CIA operative requires that the perpetrator intentionally disclosed such classified information (a high standard, which may be one reason Fitzgerald did not indict on those grounds), the executive order covers “negligence,” or unintentional disclosure.
So, malice, treason, perjury, none of these things is necessary to lose your clearance. How likely is it, then, that Rove’s will soon be history?
Not very:
Because Rove’s apparent violation is covered by executive order, not legislated law, the issue of his security clearance is unlikely to wind up in criminal court. But he may face a civil suit from the Wilsons, who could seek damages because of the damage done to Plame’s CIA career by the leak.
Certainly, the clownish publicity hound Joe Wilson is not above a self-serving lawsuit; but by the time it was litigated, the point would most likely be moot. In the end, interesting parlor talk, but not much else here…
UPDATE 8:22 a.m.: On further reflection, there can’t be more than a half-dozen high government officials who should retain their clearances under this standard…
However, the Washington Post has a more substantial critique of Rove that fits in with a long-standing concern of mine: that of Rove as a distraction. I treat Democratic calls for Rove’s resignation as what they are: naked attempts at partisan gain. However, that doesn’t mean I think his resignation would be a bad idea. I sincerely believe that the easiest way for this administration to regain the initiative would be to make some wholesale staffing changes.
The Post article says that Rove’s continuing legal problems should not be discounted, but neither should his affect on morale:
A swift resolution is needed in part to ease staff tension, a number of people inside and out of the White House said. Many mid-level staffers inside have expressed frustration that press secretary Scott McClellan’s credibility was undermined by Rove, who told the spokesman that he was not involved in the leak, according to people familiar with the case.
Some aides said Rove told Bush the same thing, though little is known about the precise nature of the president’s conversations with his closest political adviser.
McClellan relayed Rove’s denial to reporters from the White House lectern in 2003, and he has not yet offered a public explanation for his inaccurate statements. “That is affecting everybody,” said a Republican who has discussed the issue with the White House. “Scott personally is really beaten down by this. Everybody I talked to talks about this.”
I’ll just conclude by making a point I’ve made before – no one is indispensable – not even Karl Rove…

If you call for Rove to resign, that’s OK, but if Democrats do it, it is for “naked attempts at partisan gain?” When two people do the same things, does that necessarily mean they have different motives?
There is also the irony that Rove made his career at excelling at naked attempts at partisan gain. Live by the sword…
Actually, if the Democrats were interested only in their political gains, they would want Rove to stick around. Regardless of what he has or hasn’t done, he is now an albatross around Bush’s neck and will remain so.
peter, I hear you, and I realized when writing this I would open myself to charges of hypocrisy…maybe your interpretation is right and mine is wrong, it’s certainly possible…but when I see stunts like the one Harry Reid pulled Monday, I look at all moves by the Democratic leadership under a new light…
“But he may face a civil suit from the Wilsons, who could seek damages because of the damage done to Plame’s CIA career by the leak.”
Not likely…the two star witnesses for Rove hugh sidey and andrea mitchell.
Read this:
http://www.opinionjournal.com/best/?id=110007488
Look under section entitled:
Joe Wilson’s ‘Secret’ Wife
Establishes Mitchell and Sidey knowing…
Sidey is managing Washington Editor of Time. The same Time Co. that Cooper worked for. The same Cooper who is married to HRC spokesperson Mandy Grunwald. The same Cooper who tried to imply that he found out about Plame from Libby, after he tried it with rove.
Now, funny as it sounds, Sidey, cooper and Mitchell are going to make strange witnesses at Libby’s trial. Libby isn’t stupid. He is going to say that after much recollection, and finding of other notes-he found out from Russert, much sooner than believed. Mitchell told Russert.
Or mitchell could refuse to testify/or russert the same, becuase neither wants to implicate Mitchell as a source or a snitch and voila-they get thrown out as witnesses, with the jury assuming that it is possible that they told Libby, becuase they knew a long time ago.
after reading the indictment……….
banging head against counter top to get through it…………
it sounds like the witnesses to be calles will in fact be miller/cooper/russert and sounds like a he said she said thing.
Miller admitted there was another source. Cooper’s manging editor wrote a letter to the judge saying that her identity was common knowledge. Russert’s source was either Mitchell, on an undercover Ambassador, or someone else in the press.
Before the gj ended, Tate(?) , Libby’s lawyer released the fact that there were notes that directly conflicted. That was Libby trying to get back to the GJ, to knock down perjury. Fitz wouldn’t let him back on, but at trial there will be a certifed letter to the Fitz from Libby saying ‘that after reviewing my notes, I realize I mispoke.’ The perjury charge won’t hold up…
The trial will have to prove he believed he was making false statements to the gj and the investigators. He can suggest that he did indeed hear from reporters. Or he can’t remember. There are a lot of shadows for doubt, just get two to intersect.