| A person working at the CIA after spending some time working for the State Department is no big deal. The big deal is, she was once a covert operative, and Novak made this known. All the details of her once being a covert operative, including the mere fact that she ever was one, are subject to protection under espionage laws.
Does the president have the authority to reveal such information, and/or to direct someone else to reveal it? Yes, he does. Does the vice president? That's unclear. It's been phrased oddly in the reports I've seen, worded along the lines of "Cheney has claimed for himself the authority to reveal classified information, the same as the president." Now, it's my understanding that the VP's duties do not usually extend to policy authority as long as we have a competent sitting president. On the other hand, the VP is expected to remain current on the same information that the president has in the event of the need for succession.
So, of course, the VP has the required level of access to information; his need to receive the same briefings as the president requires that same level of access. However, until and unless he serves as acting president or ascends to the office himself, he may not have the authority to reveal classified information to others without that same level of access -- much less members of the press. So, for example, it may have been legal for him to reveal classified information to Libby, if Libby had the required clearance, but it may not have been legal for him to direct Libby to reveal that information to Novak. And therefore illegal for Libby himself to make such revelations. |
