Standard Form 312
But first . . .
The more I hear from LTC Tony Shaffer, the more he seems to me to be a loose cannon. I got kinda ill when he informed the nation that he had met with DOD officials and he feels sure they want to get to the bottom of this. My first thought was who the fuck does this guy think he is?! Then he goes on the Michael Savage radio show . . .
Look, I don't know Shaffer, but I know the type after 2 decades of being an intelligence officer.
He is way out of line. The information he is divulging to the world (yes, to include our enemies) is not helping solve whatever intel problems there are.
All those writing about how credible Shaffer sounds are forgetting that he is a military intelligence officer who ain't supposed to be sounding any kind of way unless he is reporting to his chain-of-command or testifying before the Senate Select Committee on Intelligence or the House Permanent Select Committee on Intelligence, which oh by the way, are the proper channels to air his concerns.
Hell, you shouldn't even know his name. As for all this talk about anonymous sources and the need to come forward -- wouldn't even be an issue, if he had testified before either of the intelligence committees. He would have remained anonymous and the source would have been the Chairman of the committee, IF the committee agreed that this information was for public disclosure. That's the way things are supposed to work. If the American people don't like the way things are supposed to work, then we can call for change.
But Shaffer is hitting every talk show out there. This guy won't shut up. I'm starting to hear the Mighty Mouse theme, "Here I Come To Save The Day", when I listen to Shaffer.
What exactly has the public learned about Mohammed Atta that we didn't know days after 9-11? That he was living in this country? Old news. That the intel community knew about him? Old news (how else do you think the public knew the hijackers' names within days)? That there were information-sharing problems within the intel community? Old News. That Jamie Gorelick's "wall" contributed immeasurably to the failure of information-sharing? Old News. That the 9-11 Commission was more about political theater than problem-solving? Shazaaaam!
And don't get me started about Congress abrogating their duties/responsibilities by appointing commissions and panels. Members of commissions and panels are NOT our elected representatives! 9-11, most especially, was not something to slough off on a commission of people outside our elected government. The absurdity!
No, the only new light that LTC Shaffer has shed on anything is the operational details of a Top Secret/Sensitive Compartmented Information program. He's out there telling anyone who will listen.
He's definitely getting his 15 minutes of fame. He also seems to be relishing it. He's too blind to see that most of the people writing and talking about him now will forget his name about 3 seconds into the next big story. And a lot of the talking and writing is about finger-pointing and politics and has not a fucking thing to do with national security and improving our intelligence community.
Do we want our intelligence officers/agents/analysts doing what Shaffer is doing now? Is that what we want? If so, we are collectively losing our minds.
Tell ya something else, Curt Weldon should be ashamed of himself for his political grandstanding. This is stuff that should be discussed in closed hearings before the intelligence committees. I'm sick and tired of these types. They do nothing to help solve problems; in fact, they just create more.
And I can't emphasize enough how important the chain-of-command is. LTC Shaffer is operating way outside that chain and the implication is that he could not trust the Colonels, Brigadier Generals, Major Generals, Lieutenant Generals, Generals, the Secretary of Defense, and his Commander-in-Chief, the President.
Apparently, neither could he trust any member of the Senate Select Committee on Intelligence or House Permanent Select Committee on Intelligence.
He's out there, waaaaaaaaaaay out there.
Anyway, here's the agreement he signed, that everyone who works with classified information signs:
(All emphases are mine)
CLASSIFIED INFORMATION NONDISCLOSURE AGREEMENT
AN AGREEMENT BETWEEN (Name of Individual - Printed or typed) AND THE UNITED STATES
1. Intending to be legally bound, I hereby accept the obligations contained in this Agreement in consideration of my being granted access to classified information. As used in this Agreement, classified information is marked or unmarked classified information, including oral communications, that is classified under the standards of Executive Order 12958, or under any other Executive order or statute that prohibits the unauthorized disclosure of information in the interest of national security; and unclassified information that meets the standards for classification and is in the process of a classification determination as provided in Sections 1.2, 1.3, and 1.4(e) of Executive Order 12958, or under any other Executive order or statute that requires protection for such information in the interest of national security. I understand and accept that by being granted access to classified information, special confidence and trust shall be placed in me by the United States Government.
2. I hereby acknowledge that I have received a security indoctrination concerning the nature and protection of classified information, including the procedures to be followed in ascertaining whether other persons to whom I contemplate disclosing this information have been approved for access to it, and that I understand these procedures.
3. I have been advised that the unauthorized disclosure, unauthorized retention, or negligent handling of classified information by me could cause damage or irreparable injury to the United States or could be used to advantage by a foreign nation. I hereby agree that I will never divulge classified information to anyone unless: (a) I have officially verified that the recipient has been properly authorized by the United States Government to receive it; or (b) I have been given prior written notice of authorization from the United States Government Department or Agency (hereinafter Department or Agency) responsible for the classification of the information or last granting me a security clearance that such disclosure is permitted. I understand that if I am uncertain about the classification status of information, I am required to confirm from an authorized official that the information is unclassified before I may disclose it, except to a person as provided in (a) or (b), above. I further understand that I am obligated to comply with laws and regulations that prohibit the unauthorized disclosure of classified information.
4. I have been advised that any breach of this Agreement may result in the termination of any security clearances I hold; removal from any position of special confidence and trust requiring such clearances; or the termination of my employment or other relationships with the Departments or Agencies that granted my security clearance or clearances. In addition, I have been advised that any unauthorized disclosure of classified information by me may constitute a violation, or violations, of United States criminal laws, including the provisions of Sections 641, 793, 794, 798, *952 and 1924, Title 18, United States Code, * the provisions of Section 783(b), Title 50, United States Code, and the provisions of the Intelligence Identities Protection Act of 1982. I recognize that nothing in this Agreement constitutes a waiver by the United States of the right to prosecute me for any statutory violation.
5. I hereby assign to the United States Government all royalties, remunerations, and emoluments that have resulted, will result or may result from any disclosure, publication, or revelation of classified information not consistent with the terms of this Agreement.
6. I understand that the United States Government may seek any remedy available to it to enforce this Agreement including, but not limited to, application for a court order prohibiting disclosure of information in breach of this Agreement.
7. I understand that all classified information to which I have access or may obtain access by signing this Agreement is now and will remain the property of, or under the control of the United States Government unless and until otherwise determined by an authorized official or final ruling of a court of law. I agree that I shall return all classified materials which have, or may come into my possession or for which I am responsible because of such access: (a) upon demand by an authorized representative of the United States Government; (b) upon the conclusion of my employment or other relationship with the Department or Agency that last granted me a security clearance or that provided me access to classified information; or (c) upon the conclusion of my employment or other relationship that requires access to classified information. If I do not return such materials upon request, I understand that this may be a violation of Section 793 and/or 1924, Title 18, United States Code, a United States criminal law.
8. Unless and until I am released in writing by an authorized representative of the United States Government, I understand that all conditions and obligations imposed upon me by this Agreement apply during the time I am granted access to classified information, and at all times thereafter.
9. Each provision of this Agreement is severable. If a court should find any provision of this Agreement to be unenforceable, all other provisions of this Agreement shall remain in full force and effect.
(Continue on reverse.)
10. These restrictions are consistent with and do not supersede, conflict with or otherwise alter the employee obligations, rights or liabilities created by Executive Order 12958; Section 7211 of Title 5, United States Code (governing disclosures to Congress); Section 1034 of Title 10, United States Code, as amended by the Military Whistleblower Protection Act (governing disclosure to Congress by members of the military): Section 2302(b)(8) of Title 5, United States Code, as amended by the Whistleblower Protection Act (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that expose confidential Government agents), and the statutes which protect against disclosure that may compromise the national security, including Sections 641, 793, 794, 798, 952 and 1924 of Title 18, United States Code, and Section 4(b) of the Subversive Activities Act of 1950 (50 U.S.C. Section 783(b)). The definitions, requirements, obligations, rights, sanctions and liabilities created by said Executive Order and listed statutes are incorporated into this Agreement and are controlling.
11. I have read this Agreement carefully and my questions, if any, have been answered. I acknowledge that the briefing officer has made available to me the Executive Order and statutes referenced in this Agreement and its implementing regulation (32 CFR Section 2003.20) so that I may read them at this time, if I so choose.
(SIGNATURE) (DATE) (SOCIAL SECURITY NUMBER)
STANDARD FORM 312 (Rev. 1-00)
Prescribed by NARA/ISOO
32 CFR 2003, E.O. 12958