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Thomas A. Drake, Former NSA Exec, Indicted For Leaking Secrets To Newspaper

04/15/10 07:24 PM ET   AP

Nsa

WASHINGTON — A former senior executive at the National Security Agency was charged Thursday with lying and obstruction of justice in an investigation of leaks of classified information to a newspaper.

Federal prosecutors said Thomas Drake, 52, served as a source for many articles about the NSA in an unidentified newspaper, including articles that contained classified information.

A federal indictment filed in Maryland charges that Drake used a nongovernment e-mail account to transmit classified and unclassified information. Authorities also charge that Drake lied to federal agents about what he'd done.

The indictment does not identify the reporter, the newspaper or the subject matter of the stories. It says the stories were published between February 2006 and November 2007.

The place, time, and type of stories described in the indictment generally match articles published in The Baltimore Sun, though federal officials would not confirm that paper was the one cited in the case. Judy Berman, a spokeswoman for the newspaper, declined to comment.

The Washington Post said that the reporter was Siobhan Gorman, an intelligence correspondent for The Baltimore Sun at the time and subsequently at the Wall Street Journal. Calls to the Sun seeking comment were not returned and the Journal declined to comment.

The Justice Department defended the charges against Drake.

"Our national security demands that the sort of conduct alleged here – violating the government's trust by illegally retaining and disclosing classified information – be prosecuted and prosecuted vigorously," said the Justice Department's assistant attorney general Lanny Breuer.

Drake faces five counts of willfully retaining documents related to national defense. He is also charged with obstruction of justice and four counts of making false statements to the FBI.

The most serious charge in the 10-count indictment carries a maximum possible sentence of 20 years in prison.

Prosecutors say Drake exchanged hundreds of e-mails with the reporter, researched stories for the reporter by asking other NSA employees questions and accessing classified documents, and sent the reporter copies of classified and unclassified documents.

Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press, said the case is likely to have "a chilling effect on government employees who have information they wish to share with the public."

Dalglish said prosecutors do not appear to have subpoenaed any reporters in the case, which she called an encouraging sign.

"It is a reminder that if you are going to talk to a reporter and you don't want to be identified, you should not use technology to do it," she said.

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HUFFPOST SUPER USER
padrushka
question authority
07:12 AM on 04/16/2010
well good, glad we have the ball rolling,now for the rest of the crowd that were too big to be indicted. or maybe we are still in the scape goat mode where one lower level will take the heat for the rest.
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HUFFPOST SUPER USER
Ramirez
Taxpayer-American
02:31 AM on 04/16/2010
Hopefully this will have a "chilling effect" on government employees who wish to leak classified information to our enemies and the world.
02:30 PM on 04/17/2010
yeah like Scooter Libby... oh wait... he was a 'good guy' who wrote 'romance novels' and loved america, baseball, freedom, babies, hot dogs, apple pie, and did i mention baseball? not that silly french canadian baseball. real american baseball, like the Texas Rangers.
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HUFFPOST PUNDIT
floodberg
Attorney (ret.)
01:53 AM on 04/16/2010
People like Drake should do themselves a favor and 'lawyer up' before they break the law; just see a lawyer (preferably an older, experienced trial lawyer), ask some questions about a person's rights under questioning by specific government agencies, eavesdropping and wiretapping laws; take some notes, and do a lot of research on the subject. I'd also suggest that they find some friendly 'geeks' and find out how the internet works, and how a computer actually works. Then really work it out before trying anything. The foreign spies know this stuff inside and out before they spy. Americans have to know this stuff before they leak.

I'm an old-school trial lawyer. This just ticks me off. Sorry. I get grumpy late at night.
12:15 AM on 04/16/2010
How is this any different than going after whistle blowers during the Bush administration? This guy was a whistle blower. He was talking to a respected reporter who worked for the Baltimore Sun. The public learned something it would not have otherwise and Congress learned that something needed to be fixed.

The system of investigating leaks has been fixed for some time. The big guys who do it get away with it. The little guys don't.

Double standards prevail:

http://news.nationaljournal.com/articles/0425nj1.htm
10:13 PM on 04/15/2010
It says the stories were published between February 2006 and November 2007.

2006 and 2007? Let's see, who was in charge then... hmmm, let me think.

Hey, you got nothing to worry about. Bush / Cheeney can get you off. Bush / Cheeney had an "ANYTHING GOES" type of administration.

They got that Libby guy off and he outed a CIA agent. Your case should be a piece of cake.

Don't worry. They got you covered. Bush / Cheeney: The New Americans.
08:58 PM on 04/15/2010
*and why isn't THIS story further UP in the headlines and being given much more attention by Huffpo?*
08:57 PM on 04/15/2010
"...Let's spend just a moment thinking about what this means. We've known since December, 2005, that Bush officials, including at the NSA, committed felonies by eavesdropping on Americans without the warrants required by law -- crimes punishable by a five-year prison term and$10,000 fine for each offense. All three federal judges to rule on the question have found those actions to be in violation of the law. Yet there have been no criminal investigations, let alone indictments, for those crimes,...Thus, the high-level political officials who committed crimes while running the NSA will be completely immunized for their serious crimes.

By stark contrast, an NSA official who brought to the public's attention towering failures and waste at the NSA -- revelations that led to exposés ... is now being prosecuted for crimes that could lead to a lengthy prison term...

...the DOJ's aggressive prosecution of someone who exposed serious waste and mismanagement at the NSA could, as the NYT's Shane put it, "raise questions about whether the government is merely moving to protect itself from public scrutiny." Whatever else is true, decreeing that we must "Look Forward, not Backward" -- and then bestowing that Imperial Generosity only to the crimes of the President and his aides but not to courageous whistle-blowers (or, for that matter, anyone else) -- is anything but "Justice."

-ggreemwald

http://www.salon.com/news/opinion/glenn_greenwald/2010/04/15/prosecutions/index.html
08:32 PM on 04/15/2010
Lying and obstruction of justice and leaks of classified information to newspapers is a serious and felonious offense, in that enemies of the United States could read these classified documents and become knowledgeable and familiarized with the United States secrets, and find ways to launch another 911 attack us. If the allegations are true, is a betrayal of trust. However, A rush to judgment will be premature, before Drake has had his day in court. Only when the courts have rendered its decisions, and Mr. Drake is adjudged guilty by his peers and the law of the land, will justice have been done. The law posits that the defendant is deemed innocent until proven guilty by a court of law. More importantly, knowing the gravity of the crime, it strikes me as to why wasn't Drake charged with Treason or Sedition?
02:34 PM on 04/17/2010
the 'enemies of the united states' do not care if we throw billions of dollars away to boondoggle "big government projects" that wind up being scrapped and never actually used.

id think you conservative types would appreciate someone trying to blow the whistle on wasteful big government spending.
07:52 PM on 04/15/2010
He's a whistle blower and a hero. I can't believe this president is embracing the lawlessness of the previous, but HE'S ACTUALLY GETTING WORSE than Bush in so many ways. "Indefinite Detention" & "Assassination of U.S. citizens" are incomprehensible in a free democracy. This empire is about to crash and burn, beh beh.
MyrtleJune
STOP negotiating! End the American hostage crisis!
08:33 PM on 04/15/2010
"The indictment does not identify the reporter, the newspaper or the subject matter of the stories. It says the stories were published between February 2006 and November 2007."

Based on the article, what exactly does it say he blew the whistle on? Generally, whistle blowers blow to authorities not news papers. The bush admin had a total habit of leaking infomation and in fact planting entire stories in newspapers to drive the sunday news cycle. Then they'd appear on the sunday shows to responds to the newspaper reports...... that they had planted. They did it with the wapo. They blizted the networks with their henchment to run the latest meme to manipulate public opinion.

So what did drake blow the whistle on? The law is the law and Obama didn't make up this law, btw.
05:54 PM on 04/15/2010
Whistler blowers get prosecuted, war criminals and wall street ponzi schemes thrive.
...With Liberty and Justice for who exactly?
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HUFFPOST PUNDIT
NoahVail
...a curmudgeon from So. Arizona
06:36 PM on 04/15/2010
Spelling error- its just us, not justice.
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HUFFPOST SUPER USER
Friction57
full grown and still a microbio
07:20 PM on 04/15/2010
potato(e)
05:48 PM on 04/15/2010
I wonder what information that reporter has... I hope it gets leaked if it hasn't already.
05:37 PM on 04/15/2010
Let me get this straight. The NSA monitors everything that goes over the Internet or telephone networks - and this high-ranking NSA agent is nabbed for sending emails of NSA secrets. Does this look a lee-ee-eetle bit, um, fishy? Or are we looking at an insider character assassination?
05:31 PM on 04/15/2010
And if Holder and Obama get their way, they'll just read your email without a warrant to see what you've been discussing and disclosing, http://news.cnet.com/8301-13578_3-20002423-38.html

"A few weeks ago, for instance, Justice Department prosecutors told a federal appeals court that Americans enjoy no reasonable expectation of privacy in their mobile device's location and that no search warrant should be required to access location logs. "
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HUFFPOST SUPER USER
sabela
like animals better than most people.
06:03 PM on 04/15/2010
Yes, the current administration's Justice Department is defending the Bush policies. That is their job. That is the job of an attorney. To defend their client to the best of the ability. Even if their client is guilty. Even if they disagree with what they are defending.
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05:31 PM on 04/15/2010
What secrets are alleged to have been given out?
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HUFFPOST SUPER USER
YMBM
05:05 PM on 04/15/2010
This is a serious crime, because we need to provide Congress and the Media only information that is on a need to know basis. During this era of global turbulence, American's top secrets on national security should be kept confidential. I have no problem with transparence, but transparence should only go but so far. If we let everyone know what, when and where we are conducting national security measures, then why even bother to do it, the enemies are domestic or international and the have a strong need to information in order to plan their strategic attacks, via internet, air, land, or water. Therefore, some National Intelligence, Homeland Securities, Financial Markets Operations and National Defense should be kept top secret.
05:40 PM on 04/15/2010
Something Must Be Done! We should start yet another security agency, to keep watch over the security agency that watches over all the other security agencies. And make everything secret! Even make the fact that there are secrets - secret.

Why am I experiencing one of those hall-of-mirrors dissociative breaks right now?
06:23 PM on 04/15/2010
After which we can the go after our enemies for their precious bodily fluids.
02:36 PM on 04/17/2010
"Financial Markets Operations should be kept top secret."

which is pretty much exactly how Goldman Sachs got away with committing fraud, which wound up costing taxpayers billions of dollars in the AIG bailout. and many people warned about the secrecy of the credit-default-swap market many years before the crash.

you tea party people need to decide what you really believe in, and then stick to it. are you against big government or for it? are you against waste in washington or for it? are you against fraud or for it?