United States v. Franklin, Rosen, and Weissman | |
---|---|
Court | United States District Court for the Eastern District of Virginia |
Citation(s) | Not specified |
Case history | |
Subsequent action(s) | Franklin sentenced to community service and halfway house |
Court membership | |
Judge(s) sitting | T. S. Ellis III |
Case opinions | |
Judge T. S. Ellis III delivered notable opinions regarding the Espionage Act |
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 (Rosen & Weissman) 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 (if ever) been used against non-government individuals. [1] Franklin pleaded guilty, but all charges against Rosen and Weissman were dropped.
Larry Franklin worked for the Department of Defense at the Pentagon. Steve J. Rosen and Keith Weissman were lobbyists for the American Israel Public Affairs Committee, a lobbyist group. Rosen had worked at RAND Corporation and began work for AIPAC in 1982. Weissman started AIPAC work in 1993 and was an Iran expert. Franklin met Rosen and Weissman circa 2002 and they began exchanging information. [2] [3]
By 2003 the FBI had been investigating Rosen for a long time. The government flipped Franklin some time before 2003; he became convinced by the FBI that Rosen and Weissman were doing bad things. Franklin started wearing wires to get evidence against Weissman and Rosen, including a 2003 meeting where he leaked fake information about a planned killing of Israelis, which Rosen took and gave to Israeli diplomats and the media. [4] In 2004 the government raided AIPAC offices. The government alleged the information the three transferred was related to the national defense and otherwise violated . [2] [3]
The indictment contains a timeline of events it alleges to have occurred; a description of the conspiracy that it claims happened. From 1999 to 2004, it details occasions and circumstances in which Franklin gave information to Rosen & Weissman, and also in which Rosen & Weissman then gave information to several people. The people are referred to in code, as well as in general terms. These include "Foreign Official 1", 2, and 3, "AIPAC employees", "a foreign national", "foreign nation A", "a member of the media" (multiple occasions), "an employee of a think tank" etc. It also lists occasions where Rosen and Weissman allegedly gave false statements to the FBI about Franklin. [2]
Government lawyers: James L Trump, Paul J. McNulty (US Attorney), Kevin V Di Gregory (US Attorney, Criminal Division), Neil Hammerstrom (US Attorney, Terrorism and National Security), Thomas Reilly (US DOJ). Later, Dana Boente.
Larry Franklin counsel: Plato Cacheris, John Francis Hundley [5]
Rosen counsel: Erica Emily Paulson, Joseph John McCarthy [5]
Weissman counsel: John N Nassikas, III, Baruch Weiss [5]
Several legal principles were expounded upon regarding the relevant sections of the Espionage Act. Judge T. S. Ellis III had several notable opinions: [6]
Other notable features:
The American Israel Public Affairs Committee is a lobbying group that advocates pro-Israel policies to the legislative and executive branches of the United States. One of several pro-Israel lobbying organizations in the United States, AIPAC states that it has over 100,000 members, 17 regional offices, and "a vast pool of donors". In addition, the organization has been called one of the most powerful lobbying groups in the United States.
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.
The Computer Fraud and Abuse Act of 1986 (CFAA) is a United States cybersecurity bill that was enacted in 1986 as an amendment to existing computer fraud law, which had been included in the Comprehensive Crime Control Act of 1984. Prior to computer-specific criminal laws, computer crimes were prosecuted as mail and wire fraud, but the applying law was often insufficient.
Plato Cacheris was an American lawyer. He was known as one of Washington D.C.'s premier defense lawyers, particularly prominent in political scandals.
The Economic Espionage Act of 1996 was a 6 title Act of Congress dealing with a wide range of issues, including not only industrial espionage, but the insanity defense, matters regarding the Boys & Girls Clubs of America, requirements for presentence investigation reports, and the United States Sentencing Commission reports regarding encryption or scrambling technology, and other technical and minor amendments.
The Intelligence Identities Protection Act of 1982 is a United States federal law that makes it a federal crime for those with access to classified information, or those who systematically seek to identify and expose covert agents and have reason to believe that it will harm the foreign intelligence activities of the U.S., to intentionally reveal the identity of an agent whom one knows to be in or recently in certain covert roles with a U.S. intelligence agency, unless the United States has publicly acknowledged or revealed the relationship.
The Lawrence Franklin espionage scandal involved Lawrence Franklin, a former United States Department of Defense employee, passing classified documents regarding United States policy towards Iran to Israel. Franklin pleaded guilty to several espionage-related charges and was sentenced in January 2006 to nearly 13 years of prison, which was later reduced to ten months' house arrest. Franklin passed information to American Israel Public Affairs Committee policy director Steven Rosen and AIPAC senior Iran analyst Keith Weissman, who were fired by AIPAC. They were then indicted for illegally conspiring to gather and disclose classified national security information to Israel. However, prosecutors later dropped all charges against them without any plea bargain.
The Foreign Agents Registration Act (FARA) is a United States law that imposes public disclosure obligations on persons representing foreign interests. It requires "foreign agents"—defined as individuals or entities engaged in domestic lobbying or advocacy for foreign governments, organizations, or persons —to register with the Department of Justice (DOJ) and disclose their relationship, activities, and related financial compensation.
A national security letter (NSL) is an administrative subpoena issued by the United States government to gather information for national security purposes. NSLs do not require prior approval from a judge. The Stored Communications Act, Fair Credit Reporting Act, and Right to Financial Privacy Act authorize the United States government to seek such information that is "relevant" to an authorized national security investigation. By law, NSLs can request only non-content information, for example, transactional records and phone numbers dialed, but never the content of telephone calls or e-mails.
Steven J. Rosen served for 23 years as one of the top officials of the American Israel Public Affairs Committee (AIPAC). He is often singled out in writings about AIPAC.
Thomas Selby Ellis III is a retired United States district judge of the United States District Court for the Eastern District of Virginia, appointed by Ronald Reagan.
Noshir Sheriarji Gowadia is a former design engineer and convicted spy for several countries. He was arrested in 2005 and later convicted on industrial espionage-related federal charges.
The American media referred to 1985 as the Year of the Spy because law enforcement arrested many foreign spies operating on American soil. However, the preceding year, 1984, actually had more arrests for espionage in the United States.
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.
Stephen Jin-Woo Kim is a former State Department contractor who pleaded guilty to a felony count of disclosing classified information to Fox News reporter James Rosen. Prosecutors charged that Kim's actions indirectly alerted North Korea to what U.S. intelligence officials "knew or did not know about its military capabilities and preparedness."
The Defense Intelligence Community Whistleblower Program (DICWP) is a sub-mission of the United States Department of Defense Whistleblower Program. In administering the DICWP, the Office of the Inspector General, U.S. Department of Defense (DoDIG) balances the competing national security and separation of powers interests raised by whistleblowing within the Defense Intelligence Community.The DoDIG provides a safe, authorized conduit for Defense Department whistleblowers to disclose classified information. The Inspector General also has authority to investigate whistleblowing reprisal allegations filed by civilian and military members of the Defense Intelligence Community. It therefore accepts the disclosures and provides source protection for those providing the information. The Department of Defense funds and supervises much of the Republic's intelligence gathering. DoD IG accordingly provides protection to a large number of civilian and military intelligence personnel.
Gorin v. United States, 312 U.S. 19 (1941), was a United States Supreme Court case. It involved the Espionage Act of 1917 and its use against Mihail Gorin, an intelligence agent from the Soviet Union, and Hafis Salich, a United States Navy employee who sold to Gorin information on Japanese activity in the U.S.
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.
Glenn Duffie Shriver is an American convicted of conspiracy to commit espionage for China. At the behest of Chinese intelligence, Shriver unsuccessfully applied for jobs with the US State Department and CIA, meeting with handlers from China more than 20 times. He was first approached while living in China by operatives of the Shanghai State Security Bureau, a subsidiary of China's Ministry of State Security (MSS), who hoped to develop a mole which would provide them information regarding American foreign policy. He was caught and arrested by the FBI soon after applying to a job with the CIA's National Clandestine Service. In a 2010 plea bargain, he pled guilty to one count of conspiracy to commit unlawful conveyance of national defense information, and served four years in prison at the Federal Correctional Institution in Elkton, Ohio. He was released in 2013, and was later depicted in the short film Game of Pawns, commissioned by the FBI.