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Ex-CIA Officer Convicted of Leaking Secrets to Reporter

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Former CIA officer Jeffrey Sterling, second from left, leaves the Alexandria Federal Courthouse Monday, Jan. 26, 2015, in Alexandria, Va., with his wife, Holly, second from right, attorney Barry Pollack, right, and attorney Edward MacMahon, after he was convicted on all nine counts he faced of leaking classified details of an operation to thwart Iran's nuclear ambitions to a New York Times reporter. (AP Photo/Kevin Wolf)

Former CIA officer Jeffrey Sterling, second from left, leaves the Alexandria Federal Courthouse Monday, Jan. 26, 2015, in Alexandria, Va., with his wife, Holly, second from right, attorney Barry Pollack, right, and attorney Edward MacMahon, after he was convicted on all nine counts he faced of leaking classified details of an operation to thwart Iran’s nuclear ambitions to a New York Times reporter. (AP Photo/Kevin Wolf)

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

‘Jim Crow Was and Remains Real in Alameda County (and) It Is What We Are Challenging and Trying to Fix Every Day,’ Says D.A. Pamela Price

“The legacy of Jim Crow is not just a legacy in Alameda County. It’s real. It is what is happening and how (the system is) operating, and that is what we are challenging and trying to fix every day,” said D.A. Price, speaking to the Oakland Post by telephone for over an hour last Saturday. “Racial disparities in this county have never been effectively eliminated, and we are applying and training our lawyers on the (state’s) Racial Justice Act, and we’re implementing it in Alameda County every day,” she said.

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Exclusive interview with County D.A. Price days before recall election. Photo by Ken Epstein.
Exclusive interview with County D.A. Price days before recall election. Photo by Ken Epstein.

By Ken Epstein

Part One

Alameda County District Attorney Pamela Price gave an exclusive in-depth interview, speaking with the Oakland Post about the continuing legacy of Jim Crow injustice that she is working to overturn and her major achievements, including:

  • restoring and expanding services for victims of crime,
  • finding funding for an alternative to incarceration and/or prosecution for substance use and mental health-related misdemeanors and
  • aggressively prosecuting corporations for toxic pollution and consumer violations.

“The legacy of Jim Crow is not just a legacy in Alameda County. It’s real. It is what is happening and how (the system is) operating, and that is what we are challenging and trying to fix every day,” said D.A. Price, speaking to the Oakland Post by telephone for over an hour last Saturday.

“Racial disparities in this county have never been effectively eliminated, and we are applying and training our lawyers on the (state’s) Racial Justice Act, and we’re implementing it in Alameda County every day,” she said.

Passed by the State Legislature, this law “is an extremely helpful tool for us to address the racial disparities that continue to exist in our system,” she said.

(The law addresses) “the racial disparities that we find in our juvenile justice system, where 86% of all felony juvenile arrests in the county are Black or Brown children.

“We trained the entire workforce on the Racial Justice Act. We are creating a data system that will allow us to look at the trends and to clearly identify where racism has infected the process. We know that where law enforcement is still engaging in racial profiling and unfair targeting and arresting, we’re trying to make sure we’re catching that.”

Many people do not know much about the magnitude of Alameda County District Attorney’s job. Her office is a sprawling organization with 10 offices serving 1.6 million people living in 14 cities and six unincorporated areas, with a budget this year of about $104 million.

Asked about her major achievements since she took office last year, she is especially proud of the expanded and renewed victims’ services division in the DA’s Office, she said.

“We have expanded and reorganized the entire claims division so that we are now expediting as much as possible the benefits that victims are entitled to. Under my predecessor, they were having to wait anywhere, sometimes as long as a year, to 400 days to get benefits.

“Claims had been denied that should not have been denied. So, we’re helping people file appeals on claims that were denied under her tenure,” D.A. Price said.

“Under my predecessor, (the victims’ service office) was staffed by people who were not trained to provide trauma-informed services to victims, and yet they were the only people that the victims were in contact with. We immediately stopped that practice,” she continued.

“We had to expand the advocate workforce to include people who speak Hmong, the indigenous language of so many people in this county who are victims of crime.”

More African Americans advocates were hired because they represent the largest percentage of crime victims and we hired a transgender advocate and advocates who speak Cantonese and Mandarin. “The predominantly Chinese American community in Oakland was not being served by advocates who speak the language,” said D Price

“We reduced the lag time from the delivery of benefits to victims from 300 to 400 days down to less than 60 days.”

She increased victim advocacy by 38%, providing critical support to over 22,500 victims, a key component of community safety.

Other major achievements:

  • She recently filed 12 felony charges against a man accused of multiple armed robberies, demonstrating her seriousness about prosecuting violent crimes
  • In October, a jury delivered a guilty verdict in the double murder trial of former Alameda County Sheriff’s Deputy Devin Williams, showing DA Price’s commitment to holding law enforcement accountable.
  • She recently charged a man and woman in unincorporated San Leandro with murder, felony unlawful firearm activity, and felony carrying a loaded firearm in public.
  • A. Price’s office was awarded a $6 million grant by the state for its CARES Navigation Center diversion program. In partnership with the UnCuffed Project at a Seventh Day Adventist Church in Oakland, the program provides resources and referrals for services to residents as an alternative to incarceration and/or prosecution for substance use and mental health-related misdemeanors.

“This is the largest grant investment in the history of the Alameda County District Attorney’s Office,” said D.A. Price.

She explained that the program now has a mobile unit. “We have washers and dryers. We have a living room. We have a television. It’s a place where people can decompress, get themselves stabilized,” she said.

The project has “the ability to refer people to housing, to more long-term mental health services, to social services, and to assist them in other ways.”

  • Her office joined in a $49 million statewide settlement with Kaiser Health Plan and Hospitals, resolving allegations that the healthcare provider unlawfully disposed of hazardous waste, medical waste, and protected health information. The settlement, which involved the state and a half dozen counties, resulted in Alameda County receiving $7 million for its residents.
  • DA Price charged a former trucking company employee for embezzling over $4.3 million, showing her commitment to tackling white-collar crime.
  • For the first time, Alameda County won a criminal grand jury indictment of a major corporation with two corporate officers that have been sources of pollution. “They had a record of settlements and pollution in this community, and they had a fire that constituted a grave danger,” she said.

 

Attorney Walter Riley contributed to this article.

See Part Two

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Activism

‘Criminal Justice Reform Is the Signature Civil Rights Issue of Our Time,’ says D.A. Pamela Price

Speaking about the destructive impact of mass incarceration, Price asked people to consider “how many children have incarcerated parents, where the practice has always been to isolate and eliminate connections between people who are incarcerated and their children and their families and the community. So, when we bring people home, they have no more connection.”

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“People have no idea what the vision is for the next district attorney, or where the office will go if I am, in fact, recalled, she continued. “I'm just running against a billionaire,” who does not show his face in public, she said. Courtesy photo.
“People have no idea what the vision is for the next district attorney, or where the office will go if I am, in fact, recalled, she continued. “I'm just running against a billionaire,” who does not show his face in public, she said. Courtesy photo.

“As long as our criminal justice system is stuck in the mentality and practices of the 1950s, our country is not going to move forward,” she said.

By Ken Epstein

Part Two

District Attorney Pamela Price, facing a recall that began before she took office in January 2023, explained in an exclusive interview with the Oakland Post how she came to dedicate her life to transforming a deeply flawed criminal justice system into one that provides equal justice and public safety for all and ends mass incarceration for African Americans and other working-class people.

She summarized her life experiences as someone who was “traumatized and radicalized” by Dr. King’s murder, joining the Civil Rights Movement full force, getting arrested when she was 13 years old in a civil rights demonstration, being tracked into the juvenile justice and the foster care systems, and making it as a foster kid from the streets of Cincinnati to Yale College.”

“I understand a lot of things about struggle, about sacrifice, about trauma and fortunately survived all of that, and as a survivor learned some important lessons, and I brought all of that with me into the law and have been able to become a civil rights attorney in Alameda County,” she said.

“That’s been the joy of my life; I’ve lived every lawyer’s dream,” she said.

“Years ago, when I first decided to run for district attorney, I realized that mass incarceration was so destabilizing to our communities,” she said.

She saw that the “criminal justice system has so many impacts on our community, the safety of our community, the stability of our community, the growth of our community, the direction of our community.”

“As long as our criminal justice system is stuck in the mentality and the practices of the 1950s … our society is going to be mired in discord, and we will not have social justice, racial justice, economic justice, none of the things that actually make our communities worth living in.”

Speaking about the destructive impact of mass incarceration, Price asked people to consider “how many children have incarcerated parents, where the practice has always been to isolate and eliminate connections between people who are incarcerated and their children and their families and the community. So, when we bring people home, they have no more connection.”

It is crucial to address the needs of “young people in the juvenile justice system when they are more likely and able to be rehabilitated and redirected,” she said. Young people are much more able to be rehabilitated before the age of 18, really before the age of 26, and before they end up in an adult prison.

D.A. Price’s predecessor, Nancy O’ Malley, joined the D.A.’s office in 1984, where she remained for 39 years. She was promoted to a leadership position after just six years in the office during the era of mass incarceration when there was an explosion of prison construction in California.

“Prosecutors like my predecessor were the ones who filled (those prisons) up.  She became a leader in the office around 1990. And what is very important for the public to know is that prior to becoming the district attorney in 2009, she was the chief assistant district attorney for 10 years under Tom Orloff.

“O’Malley worked very closely, hand-in-hand with him for the period of time that included the illegal conduct or the unconstitutional exclusion of Jewish people and Black people from death penalty juries.”

Commenting on the recall campaign against her, she said that had not a handful of multimillionaires and billionaires “put millions of dollars into this, we would not be having this recall. It is not a grassroots movement. It’s a platinum movement.”

“People have no idea what the vision is for the next district attorney, or where the office will go if I am, in fact, recalled, she continued. “I’m just running against a billionaire,” who does not show his face in public, she said.

If they successfully paint Oakland as a failed city, then hedge fund billionaires and real estate developers can come in and buy up the property cheap, she said.

Though D.A. Price has been bombarded by a massive tsunami of lies, slanders, and misrepresentation, she remains strong and positive because she is a woman of faith, she said.

“I’ve been saved and guided by (a) higher power since I was 13 years old. So, I’m not a new person to faith, and I’m grounded in that,” she said.

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Activism

Oakland Post: Week of October 30 – November 5, 2024

The printed Weekly Edition of the Oakland Post: Week of October 30 – November 5, 2024

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Exclusive interview with County D.A. Price days before recall election. Photo by Ken Epstein.
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‘Jim Crow Was and Remains Real in Alameda County (and) It Is What We Are Challenging and Trying to Fix Every Day,’ Says D.A. Pamela Price

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