Politics
Ex-CIA Officer Convicted of Leaking Secrets to Reporter
MATTHEW BARAKAT, Associated Press
ALEXANDRIA, Va. (AP) — For years, ex-CIA case officer Jeffrey Sterling was the one under indictment but prosecutors’ primary focus of pursuit was journalist Jeffrey Risen.
Prosecutors believed Sterling leaked details to Risen about one of the government’s most closely held secrets: a secret CIA mission to derail Iran’s nuclear ambitions by giving them deliberately flawed blueprints.
Risen, though, wouldn’t divulge his sources. Prosecutors sought court orders forcing Risen to testify, saying their job would be immeasurably more difficult without his testimony.
Ultimately, though, prosecutors won their case without Risen. On Monday, Sterling was convicted in federal court on all nine charges he faced after a two-week trial in which Risen never made an appearance.
Experts said the trial shows the government can pursue leak investigations without relying on recalcitrant reporters.
At issue in the two-week trial: Who told Risen about the mission, one that former national security adviser Condoleezza Rice testified was one of America’s best chances to derail Iran’s nuclear-weapons ambitions?
The case was delayed for years as prosecutors fought to force Risen to divulge his sources. Risen eventually lost his legal battle to quash a government subpoena. But prosecutors ultimately decided not to call him to testify after the Justice Department, bowing to pressure from free-press advocates, promised it would not ask Risen sensitive questions about his sources.
Lacking Risen’s testimony, prosecutors acknowledged a lack of direct evidence against Sterling, 47, of O’Fallon, Missouri, but said the circumstantial evidence against him was overwhelming.
Defense lawyers had said the evidence showed that Capitol Hill staffers who had been briefed on the classified operation were more likely the source of the leak.
Following the verdict, defense lawyer Edward MacMahon said he was disappointed, but “we still believe in Jeffrey’s innocence.” Sterling will have the option to appeal his case after he is sentenced in April. Motions to dismiss the case on various legal grounds are also still pending in front of the trial judge, U.S. District Judge Leonie Brinkema.
Lucy Dalglish, dean of the University of Maryland’s journalism school and former director of the Reporters Committee for the Freedom of the Press, said she was not surprised by the verdict, which followed days of testimony from CIA officials who testified without revealing their last names and from behind a gray screen that shielded their faces from the public. She called it groundbreaking in the sense that it showed how prosecutors are willing to pursue such cases without reporters’ cooperation.
“They’re going to use this case to terrify federal employees. They’re going to use this case to teach the intelligence community a lesson” about the consequences of leaks, she said.
The Obama administration has brought more leak cases than all of his predecessors combined. U.S. Army Pvt. Chelsea Manning, who leaked more than 700,000 secret military and diplomatic documents to the WikiLeaks website, was convicted at a military trial and sentenced to military prison.
Other cases were resolved before trial. Former CIA officer John Kiriakou pleaded guilty and was sentenced to 30 months in prison for disclosing to a reporter the name of an undercover agency officer. Thomas Drake, who worked for the National Security Agency, disclosed government waste and fraud to a reporter. He pleaded guilty to a minor charge and did not receive prison time.
A former NSA contractor, Edward Snowden, was charged with leaking to journalists but received asylum in Russia.
Going back earlier, Pentagon analyst Lawrence Franklin received a 12-year sentence after a guilty plea for leaking classified information to a reporter and two pro-Israel Lobbyists, though his sentence was later reduced significantly.
The classified operation at the heart of the Sterling trial involved using a CIA asset nicknamed Merlin, who had been a Russian nuclear engineer, to foist deliberately flawed nuclear-weapons blueprints on the Iranians, hoping they would spend years trying to develop parts that had no hope of ever working.
Risen’s 2006 book, “State of War,” describes the mission as hopelessly botched. Throughout the trial, though, numerous CIA officers testified they had deemed the program a success, even though the Iranians never followed up with Merlin to get additional blueprints he had offered to them as part of the ruse.
Prosecutors argued to the jury that the relevant chapter of Risen’s book seemed to be clearly written from Sterling’s perspective as Merlin’s case handler. The book describes the handler’s misgivings about the operation while others at the CIA pushed the plan through despite its risks.
Furthermore, Sterling believed he had been mistreated and was angry that the agency refused to settle his racial-discrimination complaint, prosecutors said.
And jurors were given phone and email records showing dozens of interactions between Sterling and Risen.
But defense lawyers said the government had no evidence that Risen and Sterling talked about anything classified in those phone calls and emails. The government failed to obtain Risen’s records to see who else he may have contacted.
Defense attorney Barry Pollack said Risen first got wind of the operation in early 2003, within weeks of Sterling reporting his misgivings to staffers at a Senate intelligence committee — a channel Sterling was legally allowed to pursue. Pollack said it makes more sense that a Capitol Hill staffer leaked to Risen.
U.S. Attorney for the Eastern District of Virginia Dana Boente, in a written statement, described Sterling as “a disgruntled former CIA employee” and said the leak “was illegal and went against Mr. Sterling’s professional commitments to the CIA.”
“Mr. Sterling’s vindictive and careless choices ultimately led us here today and to this unanimous verdict.”
Risen did not return a call and email seeking comment.
Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Activism
Oakland Post: Week of December 25 – 31, 2024
The printed Weekly Edition of the Oakland Post: Week of December 25 – 31, 2024
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Alameda County
Last City Council Meeting of the Year Ends on Sour Note with Big Budget Cuts
In a five to one vote, with Councilmembers Carroll Fife and Janani Ramachandran excused, the council passed a plan aimed at balancing the $130 million deficit the city is facing. Noel Gallo voted against the plan, previously citing concerns over public safety cuts, while Nikki Fortunato-Bas, Treva Reid, Rebecca Kaplan, Kevin Jenkins, and Dan Kalb voted in agreement with the plan.
By Magaly Muñoz
In the last lengthy Tuesday meeting of the Oakland City Council for 2024, residents expressed strong opposition to the much needed budget cuts before a change in leadership was finalized with the certification of election results.
In a five to one vote, with Councilmembers Carroll Fife and Janani Ramachandran excused, the council passed a plan aimed at balancing the $130 million deficit the city is facing. Noel Gallo voted against the plan, previously citing concerns over public safety cuts, while Nikki Fortunato-Bas, Treva Reid, Rebecca Kaplan, Kevin Jenkins, and Dan Kalb voted in agreement with the plan.
Oakland police and fire departments, the ambassador program, and city arts and culture will all see significant cuts over the course of two phases.
Phase 1 will eliminate two police academies, brown out two fire stations, eliminate the ambassador program, and reduce police overtime by nearly $25 million. These, with several other cuts across departments, aim to save the city $60 million. In addition, the council simultaneously approved to transfer restricted funds into its general purpose fund, amounting to over $40 million.
Phase 2 includes additional fire station brownouts and the elimination of 91 jobs, aiming to recover almost $16 million in order to balance the rest of the budget.
Several organizations and residents spoke out at the meeting in hopes of swaying the council to not make cuts to their programs.
East Oakland Senior Center volunteers and members, and homeless advocates, filled the plaza just outside of City Hall with rallies to show their disapproval of the new budget plan. Senior residents told the council to “remember that you’ll get old too” and that disturbing their resources will only bring problems for an already struggling community.
While city staff announced that there would not be complete cuts to senior center facilities, there would be significant reductions to staff and possibly inter-program services down the line.
Exiting council member and interim mayor Bas told the public that she is still hopeful that the one-time $125 million Coliseum sale deal will proceed in the near future so that the city would not have to continue with drastic cuts. The deal was intended to save the city for fiscal year 2024-25, but a hold up at the county level has paused any progress and therefore millions of dollars in funds Oakland desperately needs.
The Coliseum sale has been a contentious one. Residents and city leaders were originally against using the deal as a way to balance the budget, citing doubts about the sellers, the African American Sports and Entertainment Group’s (AASEG), ability to complete the deal. Council members Reid, Ramachandran, and Gallo have called several emergency meetings to understand where the first installments of the sale are, with little to no answers.
Bas added that as the new Alameda County Supervisor for D5, a position she starts in a few weeks, she will do everything in her power to push the Coliseum sale along.
The city is also considering a sales tax measure to put on the special election ballot on April 15, 2025, which will also serve as an election to fill the now vacant D2 and mayor positions. The tax increase would raise approximately $29 million annually for Oakland, allowing the city to gain much-needed revenue for the next two-year budget.
The council will discuss the possible sales tax measure on January 9.
Activism
Protesters Gather in Oakland, Other City Halls, to Halt Encampment Sweeps
The coordinated protests on Tuesday in San Francisco, Oakland, Vallejo, Fresno, Los Angeles and Seattle, were hosted by Poor Magazine and Wood Street Commons, calling on cities to halt the sweeps and focus instead on building more housing.
By Post Staff
Houseless rights advocates gathered in Oakland, San Francisco, Los Angeles, and other city halls across California and Washington state this week protesting increased sweeps that followed a U.S. Supreme Court decision over the summer.
The coordinated protests on Tuesday in San Francisco, Oakland, Vallejo, Fresno, Los Angeles and Seattle, were hosted by Poor Magazine and Wood Street Commons, calling on cities to halt the sweeps and focus instead on building more housing.
“What we’re dealing with right now is a way to criminalize people who are dealing with poverty, who are not able to afford rent,” said rights advocate Junebug Kealoh, outside San Francisco City Hall.
“When someone is constantly swept, they are just shuffled and things get taken — it’s hard to stay on top of anything,” said Kealoh.
Local houseless advocates include Victoria King, who is a member of the coordinating committee of the California Poor People’s Campaign. She and Dr. Monica Cross co-chair the Laney Poor People’s Campaign.
The demonstrations came after a June Supreme Court ruling expanded local governments’ authority to fine and jail people for sleeping outside, even if no shelter is available. Gov. Gavin Newsom in California followed up with an order directing state agencies to crack down on encampments and urging local governments to do the same.
Fresno, Berkeley and a host of other cities implemented new rules, making it easier for local governments to clear sidewalk camps. In other cities, such as San Francisco, officials more aggressively enforced anti-camping laws already on the books.
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