The Obama
Administration has prosecuted, under the Espionage Act, twice as many individuals
that have leaked information to the press as all preceding administrations
combined. He has prosecuted 6 individuals who have leaked information to the
press; all of his predecessors combined had only prosecuted 3. I have covered
Bradley Manning’s pre-trial detention
and his first pre-trial hearing.
In January I also covered the cases
of 4 other leak-related Obama-era Espionage act prosecutions. Today, I bring
you an update on those cases as well as the story of the sixth
Obama-era leak-related Espionage act prosecution. I will also discuss the 3
leak-related Espionage Act prosecutions that occurred under previous
administrations.
Thomas Drake
In 2011 the
Obama Administration dropped all major charges against Drake, who pled guilty
to the misdemeanor charge of misusing the agency’s computer system. On July 15,
2011 he was sentenced to a 1-year probation and community service.
Shamai
Leibowitz
Shamai
Leibowitz pled guilty to disclosing classified information on May 24, 2010. He
was sentenced to 20 months in prison.
Stephen
Jin-Woo Kim
Stephen
Kim worked as an analyst for a contractor of the State Department. In June 2009 he told James
Rosen of Fox News that North Korea would likely respond to a United Nations
Security Council resolution condemning its nuclear and ballistic missile tests with a nuclear test. The test didn’t occur. In August 2010 the Obama Justice Department
charged Kim with the Unauthorized Disclosure of National Defense Information
and for lying to the FBI. Kim’s trial is ongoing.
Jeffrey
Alexander Sterling
Jeffrey
Sterling discussed Operation Merlin, a covert Clinton-era CIA operation
concerning Iran’s nuclear program, with James Risen of the New York Times.
Risen detailed the operation in his book. The CIA maintains that Risen’s
description of the operation is inaccurate. Sterling was charged by the Obama
administration with disclosing national defense information and obstruction of
justice in January 2011. Sterling’s trial is ongoing.
Bradley Manning
Bradley
Manning’s latest pre-trial hearing occurred June 6-8. The defense used the
hearing to obtain
documents from the government relating to the government’s response to the
Wikileaks disclosure and a State Department damage assessment relating to the
leaks. Manning’s trial is currently scheduled
to take place sometime between November and January. Manning has now been
detained by the US military for over 2
years.
John
Kiriakou
John
Kiriakou worked for the CIA
from 1990 through 2004. Kiriakou participated in the capture of suspected
terrorist Abu Zubaydah. In 2007 Kiriakou did an interview with Brian Ross of
ABC News where he revealed
that Abu Zubaydah had been waterboarded. During the interview, Kiriakou said
that Zubaydah became cooperative after only 30-35 seconds of waterboarding and that
the information gained from the technique disrupted a number of attacks. In
2009 a Justice Department memo from 2005 was released that revealed
Zubaydah had been waterboarded not once, but 83 times. Also in 2009 Ali Soufan,
an FBI agent involved in the interrogation of Zubaydah, argued
that valuable intelligence was obtained before “enhanced interrogation” was
used. Soufan also believes that no information was collected from Zubaydah that
couldn’t have been obtained through regular tactics. In 2010 Kiriakou admitted
in his autobiography that he wasn’t present when Zubaydah was interrogated and
that in his 2007 interview with ABC News, he relied on what he had overhead within
the CIA about the operation. That context was
not present in ABC’s presentation of the interview.
John
Kiriakou was charged
on January 23, 2012 and indicted
on April 5, 2012. The indictment charges Kiriakou with one count of disclosure
of information indentifying a covert agent, three counts of disclosure of
national defense information (under the Espionage Act), and one count of lying
to the CIA’s Publications Review Board to get his autobiography published.
The first
two counts against Kiriakou (identification of a covert agent, and national
defense information disclosure) involve an ACLU
defense strategy. The ACLU is defending suspected terrorists at the
Guantanamo Bay Prison. They assembled a photo lineup of suspected CIA
interrogators and random individuals not associated with the prisoners in any
way. This technique was meant to imitate a police lineup where witnesses
identify suspects in criminal cases. The ACLU was attempting to find potential
witnesses to testify about abusive treatment of detainees in order to obtain
mitigating evidence against the death penalty which their clients faced.
In the
prosecution’s criminal complaint, Kiriakou is alleged
to have supplied the name of a covert CIA agent involved in the Zubaydah
operation to a journalist who then supplied it to the ACLU. The name is said to
have ended up in a classified court filing by the attorneys defending the
Guantanamo detainees. The government’s complaint says that the agent was not
photographed and that his name was not released to the public.
The third
and fourth charges are both for the disclosure of national defense information.
They relate
to a 2008 front page New York Times
article. The article detailed the interrogation of Khalid Shaikh Muhammad
(KSM), the self-described
mastermind of the 9/11 attacks. The author of the article and the New York
Times made the irresponsible decision to publish the name of one of KSM’s interrogators,
who was not involved in KSM’s waterboarding. The New York Times was criticized
for that decision, including by Kiriakou. His
indictment alleges
that Kiriakou was a source for that story.
The final charge
Kiriakou faces is for lying to the CIA Publications Review Board (PRB) in order
to get his autobiography published. His indictment alleges
that he told the PRB that a “magic box” discussed in his book was created in
his own imagination, when in fact it was an actual part of the operation.
Kiriakou’s
trial is ongoing.
Individuals prosecuted under the
Espionage Act for leaking information to the press prior to the Obama
Administration
Samuel
Loring Morison
Samuel
Loring Morison was a civilian
intelligence analyst for the navy from
1974 through 1984. During his employment with the navy, Morison was also
a contributor and editor for Jane’s
Fighting Ships, a yearly reference work on the world’s navies, published in
Britain. After Morrison decided
he wanted to work full time for Jane’s,
he sent three classified photos
of the construction of the first Soviet nuclear-powered aircraft carrier to the
sister publication Jane’s Defense Weekly.
Morrison leaked the photographs in order to increase his likelihood of receiving
a job a Jane’s, but he also had a political motive. Morrison said
that, “If the American people knew what the Soviets were doing, they would
increase the defense budget.”
The Regan
Administration prosecuted Morison for the leak. In 1985 Morison was convicted
of disclosing classified information to the press and sentenced to two years in
prison. The Supreme Court declined
to hear his appeal. He was pardoned
by Bill Clinton on January 20, 2001, his last day in office.
Daniel
Ellsberg and Anthony Russo
The Pentagon
Papers chronicled the decisions that lead to US involvement in Vietnam. In 1969 Daniel Ellsberg and Anthony
Russo copied the Pentagon Papers which according to Ellsberg showed that, “The decisions year after year were to continue
the war, although all predictions pointed to a continued stalemate with this
kind of approach and thus to prolong the war indefinitely.” *
Ellsberg leaked a copy of the document
to the New York Times. After the Times’ first few articles on the Pentagon
Papers, the Nixon Administration obtained a temporary prior restraint from a
judge that prevented the Times from publishing further stories about the
documents. Ellsberg then gave a copy of the Pentagon Papers to the Washington
Post, which was also restrained. Ellsberg leaked the Pentagon Papers to 17 other newspapers
as well. In 1971, the Supreme Court ruled in New
York Times Co. v. United States, that the newspapers could publish and
discuss the contents of the Pentagon Papers.
On June 28, 1971 Ellsberg turned
himself in to face the charges against him. Ellsberg and Russo were charged
with theft of government property, conspiracy, and violation of the Espionage Act.
During
the trial, it became known that White House operatives had burglarized Ellsberg’s
psychiatrist, the judge in the case announced that he had been offered a job as
head of the FBI by a White House official (which the judge considered a bribe),
and it was revealed that the FBI had wiretapped Ellsberg and then claimed that
it had lost the records documenting the wiretap.
All of this lead Judge Byrne to declare
a mistrial on May 11, 1973. He told
the court, “The totality of the circumstances of this case which I have only
briefly sketched offend a sense of justice.”
* David Rudenstine, The
Day the Presses Stopped (Berkeley: University of California Press, 1996), page
40.
Postscript:
The Listening Post did a special discussing Obama’s War on Whistleblowers
titled, “Blowing
the Whistle on the Obama Administration.” The show criticized the US news
media for largely ignoring the story. It contains an extended interview with Jesselyn
Radack who works for the Government Accountability Project defending
whistleblowers.
Russia Today
has done a good job covering
the topic as well. CBS News did
a great segment on Drake’s
case in 2011. You can read
the text of the Espionage Act yourself here.
UPDATE (11/18/12): John
Kiriakou reached a
plea agreement on October 23 with the Obama Justice Department. Kiriakou pled
guilty to disclosing the identity of a covert officer and was sentenced to 30 months
in prison, 3 years of supervised release, and a fine of 100 dollars. Charges 2
through 5 against Kiriakou were dropped.
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