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Graymail is the threatened revelation of state secrets in order to manipulate legal proceedings. It is distinct from blackmail, which may include threats of revelation against, and manipulation of, any private individual. Graymail is used as a defense tactic, forcing the government to drop a case to avoid revealing national secrets.
Graymail can occur in two ways:
In the United States, the Classified Information Procedures Act of 1980, also known as the Graymail Law, was designed to counter the second tactic above by allowing judges to review classified material in camera , so that the prosecution can proceed without fear of publicly disclosing sensitive intelligence. [2]
The Espionage Act of 1917 is a United States federal law enacted on June 15, 1917, shortly after the United States entered World War I. It has been amended numerous times over the years. It was originally found in Title 50 of the U.S. Code but is now found under Title 18. Specifically, it is 18 U.S.C. ch. 37.
Valerie Elise Plame is an American writer, spy, novelist, and former Central Intelligence Agency (CIA) officer. As the subject of the 2003 Plame affair, also known as the CIA leak scandal, Plame's identity as a CIA officer was leaked to and subsequently published by Robert Novak of The Washington Post. She described this period and the media firestorm that ensued as "mortifying, and I think I was in shock for a couple years".
Patrick J. Fitzgerald is an American lawyer and partner at the law firm of Skadden, Arps, Slate, Meagher & Flom since October 2012.
The Plame affair was a political scandal that revolved around journalist Robert Novak's public identification of Valerie Plame as a covert Central Intelligence Agency officer in 2003.
The CIA leak grand jury investigation was a federal inquiry "into the alleged unauthorized disclosure of a Central Intelligence Agency (CIA) employee's identity", a possible violation of criminal statutes, including the Intelligence Identities Protection Act of 1982, and Title 18, United States Code, Section 793.
David Spears Addington is an American lawyer who was legal counsel (2001–2005) and chief of staff (2005–2009) to Vice President Dick Cheney. He was the vice president of domestic and economic policy studies at The Heritage Foundation from 2010 to 2016.
James Risen is an American journalist for The Intercept. He previously worked for The New York Times and before that for Los Angeles Times. He has written or co-written many articles concerning U.S. government activities and is the author or co-author of two books about the Central Intelligence Agency (CIA) and a book about the American public debate about abortion. Risen is a Pulitzer Prize winner.
United States v. Libby was the federal trial of I. Lewis "Scooter" Libby, a former high-ranking official in the George W. Bush administration, for interfering with special prosecutor Patrick Fitzgerald's criminal investigation of the Plame affair.
The Plame affair was a dispute stemming from allegations that one or more White House officials revealed Central Intelligence Agency (CIA) agent Valerie Plame Wilson's undercover status. An investigation, led by special counsel Patrick Fitzgerald, was started, concerning the possibility that one or more crimes may have been committed. The initial focus was on Scooter Libby; however, he was not the primary source of the leak.
Irve Lewis "Scooter" Libby is an American lawyer and former chief of staff to Vice President Dick Cheney known for his high-profile indictment and clemency.
Fair Game: My Life as a Spy, My Betrayal by the White House is a memoir by Valerie Plame Wilson. Wilson is the former covert CIA officer whose then-classified non-official cover (NOC) identity as "Valerie Plame" was leaked to the press in July 2003, after her husband, former Ambassador Joseph C. Wilson, IV, had criticized the George W. Bush administration's rationale for the Iraq War. The outing made her the center of the American political scandal known as the Plame affair. Her public outing led to her decision to resign from the CIA in December 2005, when she attempted to retire early at the age of 42. Being told that she could not collect her pension until the age of 56, she determined to write this book both as a means of telling her own story in her own words and as a means of earning income to replace her deferred retirement annuity. She encountered resistance from the CIA in the course of chronicling her work with the organization.
John Chris Kiriakou is an American author, journalist and former intelligence officer. Kiriakou is a columnist with Reader Supported News and co-host of Political Misfits on Sputnik Radio.
Thomas Andrews Drake is a former senior executive of the National Security Agency (NSA), a decorated United States Air Force and United States Navy veteran, and a whistleblower. In 2010, the government alleged that Drake mishandled documents, one of the few such Espionage Act cases in U.S. history. Drake's defenders claim that he was instead being persecuted for challenging the Trailblazer Project. He is the 2011 recipient of the Ridenhour Prize for Truth-Telling and co-recipient of the Sam Adams Associates for Integrity in Intelligence (SAAII) award.
Jeffrey Alexander Sterling is an American lawyer and former CIA employee who was arrested, charged, and convicted of violating the Espionage Act for revealing details about Operation Merlin to journalist James Risen. Sterling claimed he was prosecuted as punishment for filing a race discrimination lawsuit against the CIA. The case was based on what the judge called "very powerful circumstantial evidence." In May 2015, Sterling was sentenced to 3½ years in prison. In 2016 and 2017, he filed complaints and wrote letters regarding mistreatment, lack of medical treatment for life-threatening conditions, and false allegations against him by corrections officers leading to further punitive measures. He was released from prison in January 2018.
United States v. Franklin, Rosen, and Weissman was an early 21st century court case from the United States District Court for the Eastern District of Virginia. The government prosecuted one Department of Defense employee (Franklin) and two lobbyists for the American Israel Public Affairs Committee (AIPAC) for allegedly disclosing national defense information to persons "not entitled" to have it, a crime under the Espionage Act of 1917. It is one of the few Espionage Act cases of its kind, targeted not at traditional espionage or sedition, but at the practice of information leaking in Washington DC. The cases against Rosen and Weissman were also unusual because this aspect of the Espionage act had rarely been used against non-government individuals. Franklin pleaded guilty, but all charges against Rosen and Weissman were dropped.
The silent witness rule is the use of "substitutions" when referring to sensitive information in the United States open courtroom jury trial system. An example of a substitution method is the use of code-words on a "key card", to which witnesses and the jury would refer during the trial, but which the public would not have access to. The rule is an evidentiary doctrine that tries to balance the state secrets privilege with the bill of rights. In practice the rule has been rarely used and was often challenged by judges and civil rights advocates. Its use remains controversial.
Edward Joseph Snowden is an American whistleblower who became a naturalized Russian citizen in 2022. In 2013, while working as a government contractor, Snowden leaked highly classified information from the National Security Agency (NSA). He is currently under indictment for espionage. His disclosures revealed numerous global surveillance programs, many run by the NSA and the Five Eyes intelligence alliance with the cooperation of telecommunication companies and European governments and prompted a cultural discussion about national security and individual privacy.
Global surveillance and journalism is a subject covering journalism or reporting of governmental espionage, which gained worldwide attention after the Global surveillance disclosures of 2013 that resulted from Edward Snowden's leaks. Since 2013, many leaks have emerged from different government departments in the US, which confirm that the National Security Agency (NSA) spied on US citizens and foreign enemies alike. Journalists were attacked for publishing the leaks and were regarded in the same light as the whistleblowers who gave them the information. Subsequently, the US government made arrests, raising concerns about the freedom of the press.
Harold Thomas Martin III is an American computer scientist and former contractor for Booz Allen Hamilton who in 2019 pleaded guilty to illegally removing 50 terabytes of data from the National Security Agency. The United States government reportedly failed to note or effectively respond to a number of issues with Martin's security practices and behaviors over a period of 10 to 20 years. The motive for the crime has been a subject of debate, investigators reportedly had difficulty determining if Martin was engaged in conventional espionage or digital hoarding since throughout his decades of work, he appeared not to have ever accessed any of the files once he removed them from government facilities.
Joshua Adam Schulte is a former Central Intelligence Agency (CIA) employee who was convicted of leaking classified documents to WikiLeaks. WikiLeaks published the documents as Vault 7, which The New York Times called "the largest loss of classified documents in the agency's history and a huge embarrassment for C.I.A. officials." After his conviction, the Department of Justice called it "one of the most brazen and damaging acts of espionage in American history."