Waxman's hearing:All about Executive Order 12958

Here are my thoughts:

Waxman's hearings with the Oversight and Reform Committee with the witnesses today was a real eye opener.. Let's review what is Executive Order 12958 and Intelligence Identities Protection Act of 1982:

The Executive Order 12958 regarding Classified National Security Information is as follows:


"This order prescribes a uniform system for classifying, safeguarding, and declassifying national security information. Our democratic principles require that the American people be informed of the activities of their Government. Also, our Nation's progress depends on the free flow of information. Nevertheless, throughout our history, the national interest has required that certain information be maintained in confidence in order to protect our citizens, our democratic institutions, and our participation within the community of nations. Protecting information critical to our Nation's security remains a priority. In recent years, however, dramatic changes have altered, although not eliminated, the national security threats that we confront. These changes provide a greater opportunity to emphasize our commitment to open Government."

Sec. 1.4. Classification Authority. (a) The authority to classify information originally may be exercised only by:

(1) the President;
(2) agency heads and officials designated by the President in the Federal Register; or
(3) United States Government officials delegated this authority pursuant to paragraph

Sec. 1.5. Classification Categories.

Information may not be considered for classification unless it concerns:

(a) military plans, weapons systems, or operations;
(b) foreign government information;
(c) intelligence activities (including special activities), intelligence sources or methods, or cryptology;
(d) foreign relations or foreign activities of the United States, including confidential sources;
(e) scientific, technological, or economic matters relating to the national security;
(f) United States Government programs for safeguarding nuclear materials or facilities; or
(g) vulnerabilities or capabilities of systems, installations, projects or plans relating to the national security. More on Executive Order 12958

Ms. Toensing has testified that from her 30 years plus experience in law that Ms. Wilson was not a covert under the act (Intelligence Identities Protection Act). The Intelligence Identities Protection Act of 1982 is an act that makes it a federal crime to intentionally disclose the identity of an agent who one knows to be in or recently in certain covert roles with a U.S. intelligence agency. Toensing makes references to the Libby trial. Mr. Libby was charged with perjury and not charged with a crime under the Intelligence Identities Protection Act. Ms. Wilson might have not been a covert overseas in 5 years even though Ms. Wilson has her story but Ms. Wilson was an agent. By her cover being blown, it also revealed the identities of other CIA agents associated with Brewster, Jennings. And those agents are protected under the Intelligence Identities Act. In Fitz's press conference in the indictment of Libby in October 2005, Fitz was asked if he could ascertain whether or not Libby had revealed Ms. Wilson's covert status "knowingly," Fitz said,"Let me say two things. Number one, I am not speaking to whether or not Valerie Wilson was covert. And anything I say is not intended to say anything beyond this: that she was a CIA officer from January 1st, 2002, forward. I will confirm that her association with the CIA was classified at that time through July 2003. And all I'll say is that, look, we have not made any allegation that Mr. Libby knowingly, intentionally outed a covert agent. We have not charged that. And so I'm not making that assertion."

From this hearing, we have heard Ms. Wilson's side of the story and her employment with the CIA. As she said, she would have thought another country would blow her covert status but she would have never believe that her country would betray her. The testimony of Knodell, a WH official, really told us on how incompetent and corrupted the Administration. He is nothing but another Libby replica of a fall guy that is CYA for Administration: there was no investigation, no sanctions, and so on from the White House and State Dept. into the covert operative's name being exposed and yet never currently do an investigation into the matter. Knodell doesn't know who is in the charge with what at the White House, can't explain why Rove or other WH offical weren't investigated, can't explain why Rove is still carrying security clearance card during and after the leak investigation and so on. And yet, he said he will get back to his office and look into the matter with his senior management and this is the same depatment that was supposed to do an investigation in to this matter and didn't do it. From watching the hearings, Waxman and the other committee members were not buying a lot of Knodell's beans.

I am sure that Chairman Waxman will carefully put the pieces to the puzzle together from the hearings. Waxman didn't need to call Fitzgerald because Ms. Wilson was the star witness of this hearing and this hearing is all about Valerie Plame Wilson only. This hearing showed a much deeper coverup and corruption from the White House into the outing of a covert operative. And a caveman blind in one eye can predict subpoena power into the upper management all the way up to the food chain of WH officials very soon.