blockquoteemAlthough the journalist is not named in the indictment,
it is believed he is New York Times reporter James Risen, who was
subpoenaed to testify about his confidential sources for his book
State of War The Secret History of the CIA and the Bush
Administration.emblockquotecaption id alignalignleft width210
captionA former CIA operations officer was arrested today. Photo
NACOP img
srchttpcdn2b.examiner.comsitesdefaultfilesstyleslargehashfc23arrest19.jpg
alt width210 height167 captionIn a criminal case that is beginning
to rock the Washington, DCbased intelligence community,a former
Central Intelligence Agencyofficer was arrested today on charges
that he illegally disclosed national defense information and
obstructed justice Theformer operationsofficer wastaken intofederal
custodyin St. Louis and is expected to made his initial appearance
this afternoon before Judge Terry I. Adelman in U.S. District Court
for the Eastern District of Missouri.Jeffrey Alexander Sterlingis
charged in a 10count indictment returned by a federal grand jury in
the Eastern District of Virginia. Sterling, 43, is chargedwith six
counts of unauthorized disclosure of national defense information,
and one count each of unlawful retention of national defense
information, mail fraud, unauthorized conveyance of government
property and obstruction of justice.According to the indictment,
Sterling was employed by the CIA from May 1993 to January 2002.
From November 1998 through May 2000, he was assigned to a
classified clandestine operational program designed to conduct
intelligence activities related to the weapons capabilities of
certain countries.During that same time frame, he was also the
operations officer assigned to handle a human asset associated with
that program. According to the indictment, Sterling was reassigned
in May 2000, at which time he was no longer authorized to receive
or possess classified documents concerning the program or the asset
or informant.In connection with his employment, the indictment
alleges that Sterling, who is an attorney, signed various security,
secrecy and nondisclosure agreements in which he agreed never to
disclose classified information to unauthorized persons,
acknowledged that classified information was the property of the
CIA, and also acknowledged that the unauthorized disclosure of
classified information could constitute a criminal
offense.According to the indictment, these agreements alsoprovided
the suspect with theproper procedures to follow if Sterling had
concerns that the CIA had engaged in any unlawful or improper
conduct that implicated classified information. These procedures
permit such concerns to be addressed while still protecting the
classified nature of the information. The media, according to the
indictment, was not an authorized party to receive such classified
information under such circumstances.The indictment alleges that
Sterling, in retaliation for the CIAs refusal to settle on terms
favorable to him in the civil and administrative claims he was
pursuing against the CIA, engaged in a scheme to disclose
information concerning the classified operational program and the
human asset first, in connection with a possible newspaper story to
be written by an author employed by a national newspaper in early
2003 and, later, in connection with a book published by the author
in January 2006.Although the journalist is not named in the
indictment, it is believed he is New York Times reporter James
Risen, who was subpoenaed to testify about his confidential sources
for his book State of War The Secret History of the CIA and the
Bush Administration.The indictment unsealed today alleges that
Jeffrey Sterling violated his oath to protect classified
information and then obstructed an investigation into his actions.
Through his alleged actions, Sterling placed at risk our national
security and the life of an individual working on a classified
mission, said Assistant Attorney General Lanny A. Breuer.Our
national security requires that sensitive information be protected,
said U.S. Attorney NeilMacBride. The law does not allow one person
to unilaterally decide to disclose that information to someone not
cleared to receive it. Those who handle classified information know
the law and must be held accountable when they break
it.blockquotestrongIndictment Allegations strongThe indictment
alleges that Sterling took a number of steps to facilitate the
disclosure of the classified information, includingullistealing
classified documents and other information from the CIA and
unlawfully retaining those documents without the authority of the
CIAlilicommunicating by telephone, via email and in person with the
author in order to arrange for the disclosure of or to disclose
classified information to the authorlilimeeting with the author in
person to orally disclose classified information to the author and
to provide documents containing classified information to the
author for review or uselilicharacterizing the classified
information in a false and misleading manner as a means of inducing
the author to write and publish a story premised on that false and
misleading informationlilideceiving and attempting to deceive the
CIA into believing that he was a former employee adhering to his
secrecy and nondisclosure agreements andlilideliberately choosing
to disclose the classified information to a member of the media,
knowing that such an individual would not reveal his identity,
thereby concealing and perpetrating the
scheme.liulblockquoteSpecifically, the indictment alleges that
beginning in August 2000, Sterling pursued various administrative
and civil actions against the CIA concerning alleged
employmentrelated racial discrimination and decisions made by the
CIAs Publications Review Board regarding Sterlings efforts to
publish his memoirs. According to the indictment, on February 12,
2003, the CIA rejected Sterlings third offer to settle his
discrimination lawsuit, which was ultimately dismissed by the
court.The indictment alleges that beginning a few weeks later, in
February and March 2003, Sterling made various telephone calls to
the authors residence, and emailed the author a newspaper article
about the weapons capabilities of a nation identified in the
indictment asemCountry Aem.According to the indictment, while the
possible newspaper article containing the classified information
Sterling allegedly provided ultimately was not published in 2003,
Sterling and the author remained in touch from December 2003
through November 2005 via telephone and email. The indictment
alleges that in January 2006, the author published a book which
contained classified information about the program and the human
asset.The indictment also alleges that Sterling obstructed justice
when, between April and July 2006, he deleted the email he had sent
to the author concerning the weapons capabilities of emCountry Aem
from his account. According to the indictment, Sterling was aware
by June 2003 of an FBI investigation into his disclosure of
national defense information, and was aware of a grand jury
investigation into the matter by June 2006, when he was served a
grand jury subpoena for documents relating to the authors book.The
charges of unauthorized disclosure and retention of national
defense information each carry maximum penalties of 10 years in
prison. The charge of mail fraud carries a maximum penalty of 20
years in prison. The charge of unauthorized conveyance of
government property carries a maximum penalty of 10 years in
prison. The charge of obstruction of justice carries a maximum
penalty of 20 years in prison. Each of these charges also carries a
maximum fine of 250,000 or twice the loss or gain associated with
the offense.
Date Published: