By Facsimile Transmission and Overnight Mail
The Honorable George J.
Tenet
The Director of Central Intelligence
Washington, D.C. 20505
Re: United States v. CTRI Daniel
M. King, USN
Dear Sir:
On
October 16, 2000, I reported a series of violations of national
security procedures and protections in proceedings related to the
above referenced matter. I stated that violations were occurring on
a daily basis and that immediate action was necessary to conduct an
outside review of the lax security in the handling of program
information.
Last week, additional violations were
uncovered by the defense involving unauthorized disclosures of
program information and the continued failure to safeguard TS/SCI
material. This weekend, additional violations were uncovered,
including unauthorized disclosures of program information as
unclassified information. Once again these violations were found by
the defense and not security staff including two additional programs
for which no security staffer attorney had been previously given
access. Additional officials were responsible for these violations.
These officials include program security official Ms. Mary Rose
McCaffrey and Navy LT Tim Orr. In the case of LT Orr, the defense
repeatedly challenged LT Orr on his access. Not only did he falsely
represent that he was cleared for all programs but had to be
reprimanded twice by the judge for laughing during these inquiries.
It has now been confirmed that he was not cleared for access to at
least one such program.
I will be submitting a report on
these violations as soon as I am able to break away from proceedings
in the case. However, I wanted to immediately notify you that
continued violations are occurring in this case. My repeated
requests for a hearing on the level of security and on-going
violations were denied by Commander Winthrop. I further requested
that outside experts review the procedures in the case and the
possible need to assign new security staff. This review was also
denied. Commander Winthrop stated that, as one of the individuals
responsible for these violations, it was not "appropriate" for him
to call for such a review. He stated that such a request would have
to come from your office. This misconception of the security
responsibilities of a challenged individual is indicative of the
problems in this case. However, it is now clear that disclosures and
violations will continue without your immediate intervention.
There are now over three dozen
violations of national security rules and regulations in this case,
including the unauthorized disclosure of program information and
repeated refusals to take minimal prophylactic measures in the face
of rampant violations. These violations now include the entire
management staff of the program security office, including Ms.
McCaffrey who heads the office.
I would like to meet with security
staff in a SCIF to disclose additional violations and explain some
of the areas of lax and careless security. I would like to have the
entire defense team participate in such a meeting. I ask that you
contact Commander Winthrop to avoid further disclosure of program
information until the security procedures in this case can be
evaluated by an outside expert.
Sincerely,
Jonathan Turley
Defense Counsel for Petty Officer Daniel King
cc:
The Hon. William S. Cohen
The Hon. Richard Danzig
RADM Donald Guter
VADM Mobley
CDR Winthrop
CDR Jowers
LT Bailey
LT Freedus
CTR1 King