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Monday, January 26, 2015

Former CIA Officer Sterling Convicted in Leak Case- Other Stories and Features- Washington Post

Former CIA officer Jeffrey Sterling convicted in leak case

 January 26 at 7:40 PM  
A former CIA officer involved in a highly secretive operation to give faulty nuclear plans to Iran was convicted Monday of giving classified information about his work to a New York Times reporter — a significant win for federal prosecutors and a presidential administration that has worked zealously to snuff out accused leakers. 
As guilty verdicts were read on each of nine criminal counts, Jeffrey Sterling stared emotionless at the jurors who decided his fate. His wife, seated in the courtroom behind him, sobbed. 
The 47-year-old Missouri man is scheduled to be sentenced April 24 and remains free until then. 
In a statement, Attorney General Eric H. Holder Jr. said the verdict was a “just and appropriate outcome.”
“The disclosures placed lives at risk,” Holder said. “And they constituted an egregious breach of the public trust by someone who had sworn to uphold it.” 
Sterling was accused of a breach that ultimately closed off one of the few avenues the United States had to stem the development of Iran’s nuclear program. 
But the prosecution also was notable because it spawned a First Amendment confrontation between a Pulitzer Prize-winning reporter and the Justice Department. And it might be one of the greatest courtroom successes of a presidential administration that has pursued more leak cases than all of its predecessors combined. 
Jurors in U.S. District Court in Alexandria deliberated for one whole day and sizable parts of two others before reaching their verdict. Earlier Monday, they told the judge in a note that they could not come to an agreement on several counts. 
Other leak cases have resulted in pleas, at least one with terms favorable to the defendant. Former National Security Agency manager and accused leaker Thomas A. Drake pleaded to a reduced charge that called for no prison time. Prosecutors reached an agreement that brought a harsher penalty for former CIA officer John Kiriakou, who was sentenced to 2½ years in prison for disclosing a covert operative’s name to a reporter.
Federal authorities are still mulling charges against several high-profile individuals in other probes, including former CIA director David H. Petraeus, veteran State Department diplomat Robin Raphel and retired Marine Gen. James E. “Hoss” Cartwright
Dan French, a former U.S. attorney for the Northern District of New York who now does white-collar work at Hiscock & Barclay, said no matter whether prosecutors had won or lost the Sterling case, they are likely to aggressively prosecute leaks they deem serious in the future. 
“I just think they’re going to bring these cases continuously to demonstrate that type of conduct by a government employee or a government contractor is going to be prosecuted, because the risk is just too grave,” he said. 
Sterling was first accused in 2010 of giving classified information to New York Times reporter and author James Risen for his 2006 book, “State of War.” Prosecutors alleged — and jurors apparently agreed — that Sterling was trying to get revenge on the CIA when he talked to Risen about an operation meant to deter Iran’s nuclear program. 
Sterling, who was fired in the early 2000s, had sued the agency over alleged discrimination and also sparred with officials about publishing a memoir describing some of his work. 
The case drew special attention when federal prosecutors initially sought to subpoena Risen to testify against his will. Though they won in court, the Justice Department ultimately decided not to put the reporter on the stand at the trial. Risen had vowed to go to jail before he would reveal any sources. 
Through his attorney, Risen declined to comment for this article. Holder said in his statement that the verdict proved “it is possible to fully prosecute unauthorized disclosures that inflict harm upon our national security without interfering with journalists’ ability to do their jobs.” Since his department’s legal battles with Risen, Holder has tightened the guidelines governing investigations that involve journalists.
The trial itself was something of a spectacle, with CIA officers testifying behind a retractable gray screen as they described suitcases full of cash, clandestine meetings and fictitious back stories. The case against Sterling was largely circumstantial — there were no recorded phone conversations or captured e-mail exchanges that show that he leaked classified information to Risen — and that required prosecutors’ to delve deeply into Sterling’s work and the details of Risen’s book. 
By prosecutors’ account, Sterling was the only potential source who had a relationship with Risen, knew all of the information from the chapter at issue and had a motive to discuss his clandestine work. They argued that the book — which suggested that the secret operation might actually have helped further Iran’s nuclear research — was somewhat inaccurate and that it cast Sterling as a hero and the CIA as hapless. 
“Jeffrey Sterling’s spin is what appears in the book,” prosecutor Eric Olshan said. 
Defense attorneys posited several people other than Sterling who could have served as Risen’s sources, and they suggested Sterling was unlikely to have given the reporter any information. They argued that some information in the book could not have come from Sterling, because it addressed things that happened after he left the CIA or contained details that he would not have known or remembered.
Sterling defense attorney Barry Pollack said after the hearing that attorneys plan to take the case to a higher court.
“This is a sad day for Mr. Sterling and his wife,” Pollack said. “We will pursue all legal avenues with the trial court and on appeal to challenge Mr. Sterling’s conviction.”
Matt Zapotosky covers the federal district courthouse in Alexandria, where he tries to break news from a windowless office in which he is not allowed to bring his cell phone.
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COMMENTS
154 Comments
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BeboBatman
7:43 PM EST
"U.S. District Judge Leonie M. Brinkema allowed Sterling to remain free on bond until his April 24 sentencing." So he has three months to find a way to skip and vanish.
Skeptic1
7:24 PM EST
The basis of this case came during the Clinton administration and was prosecuted by Obama. Here's an interesting summary here: 
 
http://blog.skepticallibertarian.com/2012/03/14/ob...
angie12106
7:21 PM EST
Millions of Bush White House emails conveniently went missing between 2003 and 2005, including those in the critical days during which the administration formulated its response to Ambassador Joe Wilson and his covert CIA operative wife, Valerie Plame.  
In July 2007, Darrell Issa accused Plame of perjury. Then, in  
February 2008, Issa turned IT expert and brushed off the email imbroglio as merely a software problem.... 
 
Feb. 2008 ---  
http://www.cnet.com/news/politicos-squabble-over-m... 
 
Skeptic1
7:25 PM EST
Angie, your post has nothing to do with that story. 
 
And I've got to ask why you "like" your own postings all the time. Do you think that gives them some sort of credibility? 
The Gunniwolf
7:34 PM EST
She does do that. It's really desperate.
thedefendantX
7:16 PM EST
But the Khan network in Pakistan already had sold Iran the design and formulas to create a nuclear weapon before Sterling's idiotic "espionage" chicanery. Meanwhile, as the U.S. attempts to finesse away Iran's nuclear weapons program, they probably already did the smart thing and simply bought a few bombs, just as they did their ballistic missiles, off-the-shelf from North Korea and Khan. Hence the Iranians have no problem "negotiating" with the U.S. over their nuclear weapons program. Why engage in "scientific arms development" which can be quite expensive and impossible to conceal? Why, when you can walk into a store in North Korea and buy a ready-made bomb requiring only the manual on how to deploy it?
Senavifan
7:21 PM EST [Edited]
Khan is an individual Pakistani getting plans is one thing a bomb another. I think he was sent to Jail yes? 
 
North Korea is lucky when one of their bombs explode.  
 
You're sort of speculating out the other side of your mouth no?
Pirate1966
7:13 PM EST
Let's see if I have this straight. We honor, protect and place foreign spy defectors in witness protection. Treat them as celebrities. Yet when one of ours pulls down the government's pants (ala Snowden) they are criminals. When are we the people going to put a stop to this?
angie12106
7:14 PM EST
Snowden is a Traitor and his actions harmed America. 
Senavifan
7:23 PM EST
"Yet when one of ours pulls down the government's pants (ala Snowden) they are criminals."  
 
Not so much "criminals" as traitors. Both Snowden and this guy broke sworn oaths and damaged the country. 
TimFromLA
7:11 PM EST
Speaking about Cheney and Iran, does the name Valerie Plame ring a bell?
ptgrunner
7:14 PM EST [Edited]
Cheny and Iraq, but yep. Plame was outed by Cheney and company. They then deleted WH emails related to this malfeascene. That was the Bush administration in a nutshell.
angie12106
7:20 PM EST
Millions of Bush White House emails conveniently went missing between 2003 and 2005, including those in the critical days during which the administration formulated its response to Ambassador Joe Wilson and his covert CIA operative wife, Valerie Plame.  
 
In July 2007, Darrell Issa accused Plame of perjury. Then, in February 2008, Issa turned IT expert and brushed off the email imbroglio as merely a software problem.... 
 
Feb. 2008 ---  
http://www.cnet.com/news/politicos-squabble-over-m...
RJLane
7:30 PM EST
Wrong. Cheney did not leak Plame's identity. Columnist Robert Novak, based on information from Deputy Secretary of State Richard Armitage, "outed" Plame. You are entitled to your opinion but not your own facts.
wilson191
7:04 PM EST
If this was enough to convict Sterling, they had enough to convict Cheney.
RichardHead1
7:14 PM EST
Convict Cheney of what? Leaking classified information to the New York Times? 
Pirate1966
7:16 PM EST
How about lying to the American public and making money off the war through Blackwater?
RichardHead1
7:14 PM EST
Convict Cheney of what? Leaking classified information to the New York Times? 
RichardHead1
7:14 PM EST
Convict Cheney of what? Leaking classified information to the New York Times? 
Wildthing1
7:04 PM EST
But the leakers of 10 years of lies on Iraq's WMD's so pervasive that everyone thought they were true go unknown and unpunished. The land of great big fat white lies of the great white fathers in Washington land continue on. Sanction based on lies and then wars of death and destruction based on more lies leaking everywhere. Our empires lack of clothes continues as we expose ourselves to the entire world
Wildthing1
7:11 PM EST [Edited]
And the nuclear plans full of lies to try and entrap Iran so we could have a liar's war with them too.As Bush said, "on to Iran!", and McCain telegraphed bomb, bomb, Iran!
Nobodys right if everybodys wrong
6:51 PM EST
"By prosecutors’ account, Sterling was the only person who had a relationship with Risen, the only person who knew all of the information from the chapter at issue, and the only person who had a motive to discuss his clandestine work." 
 
I don't have any agenda involving Sterling, but it is bothersome to convict someone without direct evidence. I felt for Risen all along, as he was being played by the prosecution -- we usually don't mind mind games with mob bosses and that ilk, but a reporter?  
 
Perhaps it is a bit Hollywood, but wouldn't it be real easy to frame Sterling if you didn't care for him? 
Jonny207
6:38 PM EST
Defense attorney Pollack’s zealous advocacy obscures the fact that ‘circumstantial evidence’ is good evidence, and can sustain a conviction with a high degree of confidence. It may not square with our more traditional invocation of the Defendant not being required to ‘prove his innocence.’ However, once that standard of proof has been met by the Prosecution, the Defendant must make a ‘better case’ by satisfactorily proving his innocence. 
 
At first blush, Mr. Sterling does not appear to be a Mother Teresa here, with a bevy of personal complaints against the Agency. Yet he absolutely did the right thing in testifying before Congress, the legitimate overseers of the CIA and Executive functions. While I am sensitive to the vitally important role of the Fourth Estate in keeping our Constitutional Republic honest, his proven betrayal of his Oath and written guarantees ‘crossed the line’ and require his conviction and imprisonment. 
 
Last, I am sensitive to the history and chronology of this case. Mr. Sterling went before a Republican-controlled Congress in 2003, during the runup to the invasion of Iraq. That his testimony ultimately fell on ‘deaf ears’ both does not surprise me, and yet disappoints me. I think it was Clint Eastwood who said, ‘A man’s got to know his limitations.’ Mr. Sterling exceeded his limitations and will pay a terrible price. 
 
Sometime one must simply ‘P..s in the Wind,’ and get wet in the process.
gen_coz
6:37 PM EST
Funny how knuckle_dragger's mere posting of a link to Sterling's photo has branded him a racist. See below.
ZZammit
6:28 PM EST
"Jeffrey Sterling, 47, of O’Fallon, Mo., was convicted of nine counts of unauthorized disclosure of national defense information" 
 
Good deal. Throw the book at him.
MadamDeb
6:27 PM EST [Edited]
For those of you ready to pounce on yet another reason to show your hatred for the current White House resident, this all happened long before he moved in. From this article: 
 
Sterling was first accused in 2010 of giving classified information to Pulitzer Prize-winning journalist James Risen for his 2006 book, “State of War.” 
LiberalsAgainstProgressives
6:38 PM EST
Accused in 2010 = Obama era 
 
So I ask why the illiberal, progressive President has chosen to prosecute this guy AND 7 others, but not his national security staffed that leaked Bin Laden raid information to the NY Times and Washingon Post in the summer of 2012? And why were charges on NY Times' Risen dropped while the Associated Press and FoxNews' Rosen were charged and spied upon?  
 
Why this illiberal, progressive administration even prosecuting journalists? Why has our Press Freedom Index (as scored by the center-left Reporters Without Borders) fallen under Obama to our worst raw score ever?
CVilleUPer
6:55 PM EST
Republicans would attack the President if he came out for mom, apple pie and the Girl Scouts. That is just the way it is.
Nobodys right if everybodys wrong
6:56 PM EST
Maybe he should come out for all three. Smile
Hoss
6:17 PM EST
Should get life. 
MadamDeb
6:14 PM EST [Edited]
Is this a preview of the Snowden decision? But I'm sure he loves him some Putin and is very happy in grocery-less Russia by now.
Hoss
6:17 PM EST
He should get life too!
MadamDeb
6:29 PM EST
He should get life in Russia. It would be easy to do. Just revoke his passport permanently.
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