Jonathan TurleyBy Facsimile Transmission and Overnight Mail
George Washington University Law School
2000 H Street, N.W.
Washington, DC 20052
March 8, 2001
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 March 6, 2001, I sent you a letter detailing on-going national security violations in the above referenced case. I am sending a follow-up to inform you that, after this letter was sent, new violations of national security were discovered in the case. Given the gravity and scope of these violations, I felt that I should immediately inform you of the latest disclosures, which were recorded for transcription in the case. Once again, my co-counsel LT Robert Bailey and LT Matthew Freedus concur in this letter and the requested intervention.
[As of] Yesterday, a large amount of previously unclassified material is in the process of [being] collected due to the discovery of the defense that the Naval Criminal Investigative Service (NCIS) now considered information in the documents to be classified. This information includes facts that have been widely revealed by named and unnamed Navy officials in the media. The parties have been instructed to collect virtually all of the unclassified documents, files, and material in the case for yet another classification review.
Additionally, over the last week, the defense was able to question one of the security officials mentioned in the March 6, 2001 letter. In her cross-examination, Ms. Mary Rose McCaffrey made a series of startling admissions under oath that further established the widespread violation of national security rules and procedures by government officials in this case. First, Ms. McCaffrey admitted to a host of "serious" violations that she and her staff have committed over the course of the litigation. She specifically admitted that her staff committed at least seven different categories of violations that cover the full range of possible national security breaches. Second, Ms. McCaffrey admitted that she and her staff have committed acts that warrant a review for possible revocation of their clearances. Third, Ms. McCaffrey admitted to serious violations of her own and demonstrated on the stand an astonishing lack of knowledge of her own programs and procedures. Ms. McCaffrey could not identify program information in documents reviewed previously and admitted that she has repeatedly failed to properly identify, mark, and maintain classified information under her control and supervision. For example, Ms. McCaffrey was given her own short affidavit in the case which she has reviewed numerous times after basic mistakes were found as to the meaning of programs under her supervision. Ms. McCaffrey has had to issue and re-issue the same affidavit to correct extensive mistakes and, while on the stand, she was shown additional errors in such program markings requiring a third version to be prepared. Ms. McCaffrey also admitted that she does not even know the meaning of words that she previously stated under oath were classified program terms (including terms that are entirely unclassified). Finally, Ms. McCaffrey admitted to giving false statements under oath and specifically retracted a variety of prior sworn statements. The military judge serving as the Investigating Officer dismissed Ms. McCaffrey as a witness before voir dire was completed as clearly incompetent to serve as a witness on the programs under her supervision. The judge stated that he was confidant that the defense would be able to show numerous other errors in all of the documents reviewed by Ms. McCaffrey. Thus, the most senior security official for these programs has been found unacceptable as a witness to actually identify material in her respective programs.
The testimony in the last few days can only be described as chilling. While we are taking steps to have this case dismissed due to constitutional violations, we renew our request for immediate intervention and inquiry into these on-going violations. Ms. McCaffrey admitted on the stand that no one has made an independent inquiry into these violations. In fact, even with regard to her own limited inquiry, Ms. McCaffrey admitted that she relied only on the accounts of security officers accused for the violations and not other independent security officers who witnessed the violations. As a result, Ms. McCaffrey admitted that she was not even informed of some of the most "serious" violations by these security officers.
I ask that you include this information in your review of matters detailed in my March 6, 2001 letter. I also ask that you immediately order the expedited completion of the transcript in this case to allow for a review of past admissions and sworn statements relating to these violations.
Defense Counsel for Petty Officer Daniel King
The Hon. Donald Rumsfeld
The Hon. Robert B. Pirie, Jr.
RADM Donald Guter
Members of Congress