Conyers Letter To Rumsfeld Re: Judith Miller

October 17, 2005

The Honorable Donald H. Rumsfeld
Secretary
Department of Defense
1000 Defense Pentagon
Washington, DC 20301-1000

Dear Mr. Secretary:

We write about reports that journalists who were embedded with U.S. forces in Iraq were given security clearances. In her recounting of discussions with Scooter Libby, the Vice President's Chief of Staff, New York Times reporter Judith Miller, disclosed her belief that she had a security clearance. She specifically wrote, "[d]uring the Iraq war, the Pentagon had given me clearance to see secret information as part of my assignment 'embedded' with a special military unit hunting for unconventional weapons."1 She also noted she was not certain whether her clearance was in existence at the time she met with Mr. Libby.2

In order to better understand the scope of the program under which journalists received security clearances, we would appreciate your prompt response to the following questions:

1. Since March 20, 2003, the date of the U.S. invasion of Iraq, have any journalists been provided with a security clearance or with access to classified information? If so, please explain. At what level were these clearances granted? Were background investigations conducted on these journalists and, if so, in what manner? Of journalists receiving security clearances or access to classified information, how many were embedded with U.S. forces in Iraq?

II. Who approved the policy of providing journalists with security clearances or with access to classified information? What was the operational reason for granting security clearances to journalists? How does this policy comport with the requirement that classified information be disseminated on a "need to know" basis?

III. Did each journalist sign documentation delineating their obligation to protect classified information as is required by employees of the federal government? Were journalists required to sign any additional non-disclosure agreements by the Department of the Defense or the military department to which they were assigned? If so, please provide a copy of such an agreement.

IV. Did journalists maintain their clearances after completing participation in the embed program? Are journalists with a security clearance or other access notified upon the revocation or termination of such clearance or access? When does such revocation or termination occur? Have any journalists who are or have been embedded with forces in Iraq had their security clearances revoked or otherwise terminated?

V. Since March 20, 2003, what journalists were provided with security clearances or other access to classified information? How long did each clearance or access period last?

Please reply through the Judiciary Committee Minority Office, 2142 Rayburn House Office Building, Washington, DC 20515 (tel: 202-225-6504) and the Armed Services Committee Minority Office, 2340 Rayburn House Office Building, Washington, DC 20515 (tel: 202-226-9007).

Sincerely,

John Conyers, Jr.
Ranking Member
Committee on the Judiciary

Ike Skelton
Ranking Member
Committee on Armed Services

1Judith Miller, My Four Hours Testifying in the Federal Grand Jury Room, N.Y. Times, Oct. 16, 2005, at A31.

2Id.

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