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Without comment, the US Supreme Court refuses to hear the appeals of six Branch Davidians convicted of an array of crimes (see January-February 1994) surrounding the February 1993 shootout with federal agents (see 5:00 A.M. - 9:30 A.M. February 28, 1993) and the subsequent assault on the Davidian compound near Waco, Texas (see April 19, 1993). An appeals court ordered that four Davidians given 30-year sentences for the use of firearms during a violent crime, and a fifth given a 10-year sentence, must be set aside and new sentences given; the appeals court said those sentences could only be reinstated if the lower court found that the four not only had the guns but “actively employed” them during the February 1993 raid. Lawyer Steven Rosen, who represents defendant Kevin A. Whitecliff, says he expects the sentences to be reinstated and the appeals process to start over again. (Karl 4/21/1997) In 2000, the Court will overturn the sentences (see June 5, 2000).
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 ; Guttman 8/15/2005; Guttman 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. (Drogin and Miller 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)
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 ; Lake 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).
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. (Markon 10/6/2005; Markon 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. (Markon 10/6/2005; Markon 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. (Sale 12/9/2004)
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.” (Markon 5/2/2009)
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