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Context of 'May 1, 2009: Prosecutors Drop Charges against Lobbyists Accused of Passing Classified Information'

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Investigative journalist Seymour Hersh publishes an explosive story in the New York Times, revealing that US submarines are tapping into Soviet communications cables inside the USSR’s three-mile territorial limit. Hersh notes that his inside sources gave him the information in hopes that it would modify administration policy: they believe that using submarines in this manner violates the spirit of detente and is more risky than using satellites to garner similar information. The reaction inside both the Pentagon and the White House is predictably agitated. Chief of Staff Donald Rumsfeld, traveling in Europe with President Ford, delegates his deputy Dick Cheney to formulate the administration’s response. Cheney goes farther than most administration officials would have predicted. He calls a meeting with Attorney General Edward Levi and White House counsel Philip Buchan to discuss options. Cheney’s first thought is to either engineer a burglary of Hersh’s home to find classified documents, or to obtain search warrants and have Hersh’s home legally ransacked. He also considers having a grand jury indict Hersh and the Times over their publication of classified information. “Will we get hit with violating the 1st amendment to the constitution[?]” Cheney writes in his notes of the discussion. Levi manages to rein in Cheney; since the leak and the story do not endanger the spying operations, the White House ultimately decides to let the matter drop rather than draw further attention to it. Interestingly, Cheney has other strings to his bow; he writes in his notes: “Can we take advantage of [the leak] to bolster our position on the Church committee investigation (see April, 1976)? To point out the need for limits on the scope of the investigation?” [Dubose and Bernstein, 2006, pp. 34-35]

Entity Tags: Seymour Hersh, US Department of Defense, Ford administration, Edward Levi, Donald Rumsfeld, Church Committee, Richard (“Dick”) Cheney, Philip Buchan, New York Times, Gerald Rudolph Ford, Jr

Timeline Tags: Civil Liberties

Destruction at the Khobar Towers, Dhahran, Saudi Arabia.Destruction at the Khobar Towers, Dhahran, Saudi Arabia. [Source: US Air Force]Explosions destroy the Khobar Towers in Dhahran, Saudi Arabia, killing 19 American soldiers and wounding 500. [CNN, 6/26/1996] Saudi officials later interrogate the suspects, declare them guilty, and execute them—without letting the FBI talk to them. [PBS Frontline, 2001; Irish Times, 11/19/2001] Saudis blame Hezbollah, the Iranian-influenced group, but US investigators still believe bin Laden was involved. [Seattle Times, 10/29/2001] US intelligence listens when al-Qaeda’s number two leader Ayman al-Zawahiri calls bin Laden two days after the bombing to congratulate him on the operation (see June 27, 1996). The New York Times will later report that Mamoun Darkazanli, a suspected al-Qaeda financier with extensive ties to the al-Qaeda Hamburg cell, is involved in the attack. [New York Times, 9/25/2001; New York Times, 9/29/2001] Bin Laden will admit to instigating the attacks in a 1998 interview. [Miami Herald, 9/24/2001] Ironically, the bin Laden family’s construction company will be awarded the contract to rebuild the installation. [New Yorker, 11/5/2001] In 1997, Canada will catch one of the Khobar Tower attackers and extradite him to the US. However, in 1999, he will be shipped back to Saudi Arabia before he can reveal what he knows about al-Qaeda and the Saudis. One anonymous insider will call it “President Clinton’s parting kiss to the Saudis.” [Palast, 2002, pp. 102] In June 2001, a US grand jury will indict 13 Saudis for the bombing. According to the indictment, Iran and Hezbollah were also involved in the attack. [US Congress, 7/24/2003]

Entity Tags: William Jefferson (“Bill”) Clinton, Al-Qaeda, Mamoun Darkazanli, Federal Bureau of Investigation, Osama bin Laden, Hezbollah, Ayman al-Zawahiri

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In 2004, it will be reported, “A former very senior CIA counterintelligence official told UPI that in 1998-99, the CIA discovered an Israeli couple, who were subcontracted to a US phone company, were working for Mossad, the Israeli intelligence service. ‘They did incredible damage—they got incredibly sensitive data, including key words identifying individuals or projects,’” this source said, adding he himself gave the case to the FBI. Additional details are not known. [United Press International, 12/9/2004] In 2005, a US criminal indictment will reveal that the FBI began monitoring some Israeli diplomatic officials in the US by April 1999 (see April 13, 1999-2004), but is it not known if there is any connection between that and this case.

Entity Tags: Israel Institute for Intelligence and Special Tasks (Mossad), Central Intelligence Agency, Federal Bureau of Investigation, United Press International

Timeline Tags: Complete 911 Timeline

A 2005 US indictment will reveal that two employees for a pro-Israeli lobbying group had somehow obtained classified US information about al-Qaeda and was passing it on to Israeli officials. The two employees are Steven Rosen and Keith Weissman; both work for AIPAC (American Israel Public Affairs Committee) until 2004. On April 13, 1999, Rosen gives Rafi Barak, the former deputy chief of mission at the Israeli embassy in Washington, what he calls a codeword-protected “extremely sensitive piece of intelligence” about terrorist activities in Central Asia. On June 11, 1999, Weissman tells Barak about a classified FBI report on the 1996 Khobar Towers bombing, which has been blamed on al-Qaeda and/or Iran (see June 25, 1996). In retrospect, FBI officials will determine that some, but not all, of this classified information comes from Larry Franklin, a Defense Department analyst on Iran known to be in favor of a tougher US policy regarding Iran (see 2000-2001). It is not known how or why US surveillance of Rosen and Weissman began. [National Public Radio, 8/4/2005; Eastern District of Virginia, 8/4/2005 pdf file; Jerusalem Post, 8/15/2005; Jerusalem Post, 8/17/2005]
Connection to Earlier Investigation? - However, there may be a connection to an earlier investigation. In 1997 and 1998, the FBI monitored Naor Gilon, an official at the Israeli embassy in Washington, as part of an investigation into whether a US intelligence official was illegally giving US spy plane film and other secret material to the Mossad. [Los Angeles Times, 9/3/2004]
Accusations Spark Further Investigation - The US will later accuse Rosen and Weissman of passing classified information given to them by Franklin to Gilon. In any case, the investigation will continue and grow. National Public Radio will later note that from 1999 to 2004, “Franklin, Rosen, and Weissman had regular discussions about the Middle East and about al-Qaeda with a variety of contacts,” sometimes illegally sharing highly classified information. Franklin will plead guilty to sharing classified information in 2005 (see October 5, 2005) while Rosen and Weissman are expected to be tried in 2007 or thereafter. [National Public Radio, 8/4/2005]

Entity Tags: Rafi Barak, Naor Gilon, Keith Weissman, Larry Franklin, American Israel Public Affairs Committee, Steven Rosen

Timeline Tags: Complete 911 Timeline

A nuclear proliferation network operating in the US penetrates the Pentagon and related institutions, according to FBI whistleblower Sibel Edmonds. Edmonds will later leave the FBI and say she knows this based on telephone conversations she translated as a part of an FBI investigation. The network, which is run by Pakistani scientist A. Q. Khan, but also includes Turkish and Israeli elements, is allegedly helped by a number of senior officials in the Pentagon. Edmonds will later say: “The [senior officials] provided lists of potential moles from Pentagon-related institutions who had access to databases concerning this information. The handlers, who were part of the diplomatic community, would then try to recruit those people to become moles for the network. The lists contained all their ‘hooking points,’ which could be financial or sexual pressure points, their exact job in the Pentagon and what stuff they had access to.” One of the Pentagon figures that is a target of the FBI investigation is Larry Franklin, an analyst who will be jailed in 2006 for passing US defense information to lobbyists and sharing classified information with an Israeli diplomat. According to Edmonds, Franklin is “one of the top people providing information and packages during 2000 and 2001.” [Sunday Times (London), 1/6/2008]

Entity Tags: US Department of Defense, Larry Franklin, Abdul Qadeer Khan, Sibel Edmonds, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, A. Q. Khan's Nuclear Network

Sometime this year, the FBI discovers a new and “massive” Israeli spying operation inside the US. In 2004, UPI will report that, according to a former senior US government official, the FBI learned of a spy operation in the East Coast of the US, including New York and New Jersey. The FBI begins intensive surveillance on certain Israeli diplomats and other suspects. As part of this surveillance, in 2003 the FBI will be videotaping Naor Gilon, chief of political affairs at the Israeli Embassy in Washington, when they will discover Gilon is meeting with Larry Franklin, Defense Department analyst. In 2005, Franklin will plead guilty to passing classified secrets to Israeli officials (see October 5, 2005). It appears that the surveillance of some Israeli diplomatic officials in the US actually began by April 1999 (see April 13, 1999-2004), though details remain murky. [United Press International, 12/9/2004] It is not known if this discovered spy operation is connected to or the same as the Israeli art student and moving van spy rings, which appears to have been discovered in 2001 (see March 23, 2001 and June 2001), or something completely different. It is also not clear if the discovery came from an investigation of media leaks begun two days before 9/11 (see September 9, 2001), or if it predated that and the 9/11 attacks.

Entity Tags: Larry Franklin, Federal Bureau of Investigation, Israel Institute for Intelligence and Special Tasks (Mossad), Naor Gilon

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

National Security Adviser Rice, upset with a media leak, orders an investigation that will uncover evidence of widespread Israeli spying in the US. The Saudis had recently threatened to end their close alliance with the US (see August 27, 2001 and August 29-September 6, 2001), and on September 6, 2001, President Bush held a meeting attended by Rice and others to work on how to appease Saudi concerns (see September 6, 2001). Just three days after the meeting, there is a story by Jane Perlez in the New York Times accurately detailing what was discussed in the meeting. It will later be reported that Rice is furious about the leak to Perlez and immediately demands a clampdown on leakers. The determination to improve secrecy increases in the wake of the 9/11 attacks. This leak investigation focuses on Israelis in the US. No one is ever prosecuted for the leak to Perlez, but the investigation will takes on a life of its own and continue for years. [New York Times, 9/9/2001; JTA (Jewish Telegraphic Agency, 5/17/2005; Nation, 7/14/2005] It appears the FBI had been investigating Israeli spying in the US since at least 1999 (see April 13, 1999-2004), and there are reports of a discovery of a “massive” Israeli spy operation in the US in 2001 (see 2001) and/or the discovery of the Israeli art student spy ring (see March 23, 2001 and June 2001). It is unclear if there is any connection between these investigations and this media link investigation or not.

Entity Tags: Jane Perlez, Condoleezza Rice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Larry Franklin.Larry Franklin. [Source: Win McNamee / Getty Images]Larry Franklin, a member of Undersecretary of Defense Douglas Feith’s Office of Special Plans, and Harold Rhode, a protege of neoconservative Iran “specialist” Michael Ledeen, meets with Iranian arms merchant and Iran-Contra figure Manucher Ghorbanifar in Paris. This is the third of three meetings (see December 9, 2001 and June 2002) between these figures. While no details of the discussions that took place at this meeting are available, it is likely that, like the other two, the main focus of the meeting is the manipulation of “evidence” showing Iraq has weapons of mass destruction in order to provide “proof” that the US invasion of Iraq was justified. (Franklin will later be convicted of passing classified US intelligence to Israel, and will be sentenced to 12 years in prison—see April 13, 1999-2004 and October 5, 2005). [Vanity Fair, 3/2007] Journalists Joshua Micah Marshall, Laura Rozen, and Paul Glastris later speculate that the meetings have a hidden agenda alongside the Iraq concern: the destabilization of Iran. They write, “[T]he [Defense Department]-Ghorbanifar meetings suggest the possibility that a rogue faction at the Pentagon was trying to work outside normal US foreign policy channels to advance a ‘regime change’ agenda not approved by the president’s foreign policy principals or even the president himself.” [Washington Monthly, 9/2004]

Entity Tags: Paul Glastris, Michael Ledeen, Laura Rozen, Douglas Feith, Manucher Ghorbanifar, Harold Rhode, Larry Franklin, Joshua Micah Marshall, Office of Special Plans

Timeline Tags: US confrontation with Iran, Iran-Contra Affair, Neoconservative Influence

The FBI and Justice Department quietly open an investigation into whether Representative Jane Harman (D-CA), the ranking Democrat on the House Intelligence Committee, improperly colluded with the American Israel Public Affairs Committee (AIPAC) to win reappointment as the committee’s ranking member. The investigation is not revealed to the public until October 2006 (see October 20, 2006). The investigation centers on allegations that Harman and AIPAC arranged for wealthy supporters to lobby House Minority Leader Nancy Pelosi (D-CA) on Harman’s behalf. The case is an outgrowth of a probe that has already led to the felony conviction of former DIA official Larry Franklin, who pled guilty to giving classified information to two AIPAC lobbyists (see October 5, 2005), and the lobbyists, Steve Rosen and Keith Weissman, who still face charges of passing that information on to Israel (see April 13, 1999-2004). The investigation has now expanded to determine if Harman’s campaign to persuade Pelosi to reappoint her to the committee may have involved AIPAC, and whether Harman promised to return the favor by using her influence to persuade the Justice Department to ease up on the AIPAC lobbyists. Reporter Timothy Burger will write: “If that happened, it might be construed as an illegal quid pro quo, depending on the context of the situation. But the sources caution that there has been no decision to charge anyone and that it is unclear whether Harman and AIPAC acted on the idea.” Both Harman and Pelosi are outspoken supporters of Israel, and have praised AIPAC for its efforts to further cement ties between Israel and the US. However, Congressional sources will say that Pelosi is furious at attempts by major donors to lobby on behalf of Harman. The LA Weekly reported in May that Harman “had some major contributors call Pelosi to impress upon her the importance of keeping Jane in place. According to these members, this tactic, too, hasn’t endeared Harman to Pelosi.” Another powerful figure has lobbied for Harman: entertainment industry billionaire Haim Saban, who made his fortune through the Mighty Morphin Power Rangers children’s entertainment franchise. It is unclear whether Saban had any contact with AIPAC, and if his efforts to lobby on Harman’s behalf were part of a larger, more orchestrated plan. [Time, 10/20/2006] When the story becomes public in October 2006, Harman will deny any improper or illegal conduct (see October 20, 2006). The investigation will eventually be dropped, supposedly for “lack of evidence.” In April 2009, evidence will surface that the NSA wiretapped Harman discussing a quid pro quo with a suspected Israeli agent, and that the investigation was not dropped because of lack of evidence, but because of the intervention of Attorney General Alberto Gonzales (see October 2005, Late 2005, and April 19, 2009). [Congressional Quarterly, 4/19/2009]

Entity Tags: Nancy Pelosi, Haim Saban, Federal Bureau of Investigation, American Israel Public Affairs Committee, Alberto R. Gonzales, House Intelligence Committee, Jane Harman, Steve Rosen, Timothy Burger, US Department of Justice, Keith Weissman, National Security Agency, Larry Franklin

Timeline Tags: Civil Liberties

Two lobbyists for the American Israel Public Affairs Committee (AIPAC), Steven Rosen and Keith Weissman, are indicted for crimes relating to their role in passing classified US government information to Israel (see April 13, 1999-2004). They are charged with conspiring “to communicate national defense information [to] persons not entitled to receive it,” applicable under the Espionage Act. Their charges are similar to those filed against former government employee Larry Franklin, their contact (see October 5, 2005). National security expert Eli Lake will call the charges against Rosen and Weissman “unprecedented,” noting that for them to face the same charges as Franklin puts them—two private citizens—under the same obligation as Franklin, a government official, to keep secret any classified information they might acquire. Lake will write: “[I]f it’s illegal for Rosen and Weissman to seek and receive ‘classified information,’ then many investigative journalists are also criminals—not to mention former government officials who write for scholarly journals or the scores of men and women who petition the federal government on defense and foreign policy. In fact, the leaking of classified information is routine in Washington, where such data is traded as a kind of currency. And, while most administrations have tried to crack down on leaks, they have almost always shied away from going after those who receive them—until now. At a time when a growing amount of information is being classified, the prosecution of Rosen and Weissman threatens to have a chilling effect—not on the ability of foreign agents to influence US policy, but on the ability of the American public to understand it.” [US v. Franklin, Rosen, and Weissman Criminal No. 1:05CR225, 8/4/2005 pdf file; New Republic, 10/10/2005; Savage, 2007, pp. 174] Months later, Attorney General Alberto Gonzales will say that journalists and other private citizens can be prosecuted for leaking classified information (see May 21, 2006). Almost four years later, the charges against Rosen and Weissman will be dropped (see May 1, 2009).

Entity Tags: Keith Weissman, Steven Rosen, American Israel Public Affairs Committee, Larry Franklin, Eli Lake

Timeline Tags: US confrontation with Iran

Representative Jane Harman (D-CA) is recorded telling a suspected Israeli agent that she would intervene with the Justice Department to try to get charges against two Israeli lobbyists reduced. In return, the Israeli agent promises to help Harman secure the chairmanship of the House Intelligence Committee. The Israeli agent will remain unidentified; the two lobbyists, Steve Rosen and Keith Weissman, are charged with espionage after they allegedly passed along classified information to the American Israel Public Affairs Committee (AIPAC—see April 13, 1999-2004). The conversation between Harman and the Israeli agent is recorded on an wiretap, reportedly by the NSA, mounted as part of a federal investigation into AIPAC’s potential espionage operations against the US (see October 5, 2005). According to transcripts of the wiretapped conversation, Harman agrees to “waddle into” the AIPAC case “if you think it’ll make a difference.” The Israeli agent asks Harman if she could speak with Attorney General Alberto Gonzales on Rosen’s and Weissman’s behalf. Harman replies that Gonzales might not cooperate, because he “just follows White House orders,” but other officials might be more pliable. In return, the Israeli agent promises to contact House Minority Leader Nancy Pelosi (D-CA) and attempt to persuade her to name Harman as chairwoman of the Intelligence Committee if the Democrats win control of the House in the November 2006 elections. Harman tells the agent, “This conversation doesn’t exist,” and hangs up. The contents of the conversation will later be confirmed by three separate sources, including two former senior national security officials. [Congressional Quarterly, 4/19/2009] Reporter Marc Ambinder will later write that Harman’s conversation may have been recorded by the FBI, and not the NSA, as part of the its investigation into Rosen and Weissman. [Atlantic Monthly, 4/20/2009]

Entity Tags: Nancy Pelosi, Bush administration (43), American Israel Public Affairs Committee, Alberto R. Gonzales, Jane Harman, Marc Ambinder, Steve Rosen, Keith Weissman, National Security Agency, US Department of Justice

Timeline Tags: Civil Liberties

Defense Department analyst Larry Franklin pleads guilty to passing government secrets to two employees of a pro-Israel lobbying group and to an Israeli government official, a violation of the Espionage Act. He is later sentenced to 12 and a half years in prison. [Washington Post, 10/6/2005; Washington Post, 1/21/2006; Savage, 2007, pp. 173] Franklin, an Iran specialist, gave details of US policy towards Iran to Steven Rosen and Keith Weissman, two members of AIPAC (American Israel Public Affairs Committee) which the Washington Post calls “one of Washington’s most influential lobbying organizations.” He also admits to giving classified information directly to Naor Gilon, chief of political affairs at the Israeli Embassy in Washington. Gilon returned to Israel, but Rosen and Weissman have been charged in what prosecutors claim was a conspiracy to obtain and illegally pass classified US information to foreign officials and news reporters. Franklin reportedly has been cooperating with investigators in return for a relatively lenient sentence. [Washington Post, 10/6/2005; Washington Post, 1/21/2006] It appears that Franklin was caught by accident in 2003 as part of a larger FBI investigation into Israeli spying that began in 2001 (see September 9, 2001). Investigators had been monitoring Gilon and were reportedly “floored” to watch Franklin sit down and eat lunch with him. [United Press International, 12/9/2004]

Entity Tags: Naor Gilon, Keith Weissman, American Israel Public Affairs Committee, Larry Franklin, Steven Rosen

Timeline Tags: US confrontation with Iran, Complete 911 Timeline

New York Times headline from article revealing NSA surveillance.New York Times headline from article revealing NSA surveillance. [Source: CBS News]The New York Times reveals that after the 9/11 attacks, President Bush granted the National Security Agency (NSA) secret authorization to eavesdrop on Americans and others inside the US without going through the Foreign Intelligence Surveillance Act (FISA) court to obtain legal warrants (see Early 2002. The administration justifies its actions by claiming such eavesdropping, which includes wiretapping phones and reading e-mails, is necessary to find evidence of terrorist activities, and says the nation needs the program after the 9/11 attacks exposed deficiencies in the US intelligence community’s information gathering process, and because of what they characterize as the “handcuffing” of US intelligence agencies by restrictive laws. The Times has had the article for over a year; the White House prevailed on the Times not to publish its findings for that time, arguing that publication would jeopardize continuing investigations and warn potential terrorists that they were under scrutiny. Many believe that the White House wanted to delay the publication of the article until well after the 2004 presidential elections. The Times delayed publication for over a year, and agreed to suppress some information that administration officials say could be useful to terrorists. (Less than two weeks before the article is published, Bush tries to convince the Times not to print the article at all: see December 6, 2005.) Two days after the Times publishes its article, Bush will acknowledge the order, and accuse the Times of jeopardizing national security (see December 17, 2005). The NSA program eavesdrops without warrants on up to 500 people in the US at any given time, officials say; the overall numbers have likely reached into the thousands. Overseas, up to 7,000 people suspected of terrorist ties are being monitored. Officials point to the discovery of a plot by Ohio trucker and naturalized US citizen and alleged al-Qaeda supporter Iyman Faris to bring down the Brooklyn Bridge with blowtorches as evidence of the program’s efficacy. They also cite the disruption of an al-Qaeda plot to detonate fertilizer bombs outside of British pubs and train stations by the program. But, officials say, most people targeted by the NSA for warrantless wiretapping have never been charged with a crime, and many are targeted because of questionable evidence and groundless suspicion. Many raise an outcry against the program, including members of Congress, civil liberties groups, immigrant rights groups, and others who insist that the program undermines fundamental Constitutional protections of US citizens’ civil liberties and rights to privacy. Several other government programs to spy on Americans have been challenged, including the Federal Bureau of Investigation (FBI)‘s surveillance of US citizens’ library and Internet usage, the monitoring of peaceful antiwar protests, and the proposed use of public and private databases to hunt for terrorist links. In 2004, the Supreme Court overturned the administration’s claim that so-called “enemy detainees” were not entitled to judicial review of their indefinite detentions. Several senior officials say that when the warrantless wiretapping program began, it operated with few controls and almost no oversight outside of the NSA itself. The agency is not required to seek the approval of the Justice Department or anyone else outside the FISA court for its surveillance operations. Some NSA officials wanted nothing to do with a program they felt was patently illegal, according to a former senior Bush administration official. Internal concerns about the program prompted the Bush administration to briefly suspend the program while Justice Department officials audited it and eventually provided some guidelines for its operations. A complaint from Judge Colleen Kollar-Kotelly, the federal judge who oversees the FISA Court, helped spur the suspension, according to officials. Kollar-Kotelly questioned whether information obtained under the program was being improperly used as the basis for FISA wiretap warrant requests from the Justice Department. Some government lawyers say that the Justice Department may have deliberately misled Kollar-Kotelly and the FISA court about the program in order to keep the program under wraps. The judge insisted to Justice Department officials that any material gathered under the program not be used in seeking wiretap warrants from her court. The question also arose in the Faris case, when senior Justice Department officials worried that evidence obtained by warrantless wiretapping by the NSA of Faris could be used in court without having to lie to the court about its origins. [New York Times, 12/15/2005]

Entity Tags: US Supreme Court, George W. Bush, US Department of Justice, Iyman Faris, National Security Agency, New York Times, Al-Qaeda, Foreign Intelligence Surveillance Court, Colleen Kollar-Kotelly

Timeline Tags: Civil Liberties

The second part of the Senate Intelligence Committee’s investigation into the mismanagement of intelligence before the Iraq invasion (see July 9, 2004) is being held up by the Pentagon’s internal investigation of former Defense Department official Douglas Feith, one of the department’s primary architects of the war plans (see Late December 2000 and Early January 2001, Shortly After September 11, 2001, September 20, 2001, Fall 2002, and May 9, 2005). The committee is waiting on a report from the Pentagon inspector general on Feith’s alleged role in manipulating pre-war intelligence to support a case for war. Feith is also being investigated by the FBI for his role in an Israeli spy case. One aspect of the committee’s investigation is likely to focus on the efforts by Defense Secretary Donald Rumsfeld to procure top-level security clearances for Feith after he was fired from the National Security Council in 1982 over allegations of espionage (see March 1982). Feith is one of a large number of pro-war conservatives to shuttle in and out of the Pentagon despite being involved in intelligence-related scandals (see Late 1969, October 1970, 1978, April 1979, March 1981, 1983, April 13, 1999-2004, 2001, and October 5, 2005), many of whom were provided security clearances by Rumsfeld. The committee’s report is being delayed because both Feith and the Defense Department refuse to provide documents and witnesses to the committee. The committee is investigating whether Feith and other current and former Defense Department officials broke the 1947 National Security Act by refusing to keep the committee “fully and currently informed of all intelligence activities” and refusing to “furnish the Congressional intelligence committees any information or material concerning intelligence activities, other than covert actions, which is within their custody or control, and which is requested by either of the Congressional intelligence committees in order to carry out its authorized responsibilities.” Senate sources say committee chairman Pat Roberts (R-KS) is not pressuring the Pentagon to cooperate, but instead is deferring to the Pentagon’s Inspector General, in essence allowing the Pentagon to investigate itself. [Raw Story, 1/30/2006] The report will be issued in June 2008, with few of the above issues addressed (see June 5, 2008).

Entity Tags: National Security Council, US Department of Defense, Office of the Inspector General (DoD), Pat Roberts, Senate Intelligence Committee, Douglas Feith, Donald Rumsfeld

Timeline Tags: Events Leading to Iraq Invasion

Attorney General Alberto Gonzales says that the government has the right to prosecute journalists for publishing classified information. “There are some statutes on the book which, if you read the language carefully, would seem to indicate that that is a possibility,” he says during an ABC News interview. “That’s a policy judgment by the Congress in passing that kind of legislation. We have an obligation to enforce those laws. We have an obligation to ensure that our national security is protected.” Asked if he is considering prosecuting the New York Times for revealing the Bush administration’s warrantless wiretapping program (see December 15, 2005), Gonzales says the Justice Department is trying to determine “the appropriate course of action in that particular case.” He continues: “I’m not going to talk about it specifically. We have an obligation to enforce the law and to prosecute those who engage in criminal activity.” Experts believe that Gonzales is probably referring to the 1917 Espionage Act, which prohibits government officials from passing classified information to anyone without proper clearance; those same experts say that the Espionage Act was never intended to apply to the press. Furthermore, journalists are protected from such prosecution by the First Amendment. Gonzales says that while the Bush administration respects the right of freedom of the press, “it can’t be the case that that right trumps over the right that Americans would like to see, the ability of the federal government to go after criminal activity.” [New York Times, 5/22/2006] Thirty years ago, then-White House chief of staff Dick Cheney recommended such prosecution against a journalist who revealed the existence of a Cold War-era submarine program (see May 25, 1975). In 2007, reporter and author Charlie Savage will write that in 1975, the attorney general had scuttled the idea. Now, the attorney general is embracing the idea. [Savage, 2007, pp. 175-176]

Entity Tags: US Department of Justice, Alberto R. Gonzales, Bush administration (43), New York Times, Charlie Savage, Richard (“Dick”) Cheney

Timeline Tags: Civil Liberties

Federal prosecutors drop all charges against two former lobbyists accused of passing classified information to Israel (see August 4, 2005). The lobbyists, Steven Rosen and Keith Weissman, worked for the American Israel Public Affairs Committee (AIPAC) when they took classified information from former government official Larry Franklin and passed it to Israeli officials (see April 13, 1999-2004 and October 5, 2005). The case against Rosen and Weissman had the potential to criminalize the exchange of classified information among journalists, lobbyists, and ordinary citizens not bound by government restrictions. “Thank God we live in a country where you can defend yourself against an injustice like this,” says Rosen. He calls the case an example of government officials “who have an obsession with leaks (see May 21, 2006)… and an obsession with Israel and the theory that it spies on America.” The lawyers for the two former lobbyists believe that Obama administration officials had reservations about the case where their predecessors in the Bush administration did not, but former FBI counterintelligence official David Szady says that politics played no part in the decision to withdraw the charges. Prosecutors say that recent court rulings would make winning their case much more difficult than they had previously anticipated. Gary Wasserman, a Georgetown University professor who is writing a book about the case, says it is understandable that AIPAC welcomes the dismissal. A trial, he says, “would have provoked a lot of public discussion about how they worked.” [Washington Post, 5/2/2009]

Entity Tags: David Szady, American Israel Public Affairs Committee, Bush administration (43), Steven Rosen, Obama administration, Keith Weissman, Larry Franklin, Gary Wasserman

Timeline Tags: US confrontation with Iran

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