United States v. Franklin

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United States v. Franklin, Rosen, and Weissman
CourtUnited 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) sittingT. 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 ( 18 U.S.C.   § 793 ). 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.

Contents

Background

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 18 U.S.C.   § 793 . [2] [3]

Indictment timeline

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]

Indictment

First page of the grand jury indictment Franklin Rosen Weissman indictment.pdf
First page of the grand jury indictment

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:

Result

See also

Related Research Articles

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.

<span class="mw-page-title-main">Espionage Act of 1917</span> United States federal law

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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.

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References

  1. 1 2 U.S. to drop spy case against Pro-Israel Lobbyists, Neil A Lewis, David Johnston, New York Times May 1, 2009
  2. 1 2 3 4 5 6 US vs Franklin, Rosen, & Weissman, 2005, US District Court for the Eastern District of Virginia, Grand Jury Indictment.
  3. 1 2 3 AIPAC Decision a Victory, With Qualifiers, 2009 May 8, Ron Kampeas, New Jersey Jewish Standard
  4. 1 2 Once Labeled An AIPAC Spy, Larry Franklin Tells His Story, Nathan Guttman, July 10, 2009, The Jewish Daily Forward
  5. 1 2 3 Criminal Docket for case #: 1:05-cr-00225-TSE-ALL (US v Franklin), medialaw.org
  6. 1 2 3 4 5 A Troubling Prosecution; United States v. Rosen has its thorns. Michael Berry, AUGUST 21, 2006, National Review
  7. 1 2 Hearing on Reduction of Sentence for Lawrence A. Franklin, June 11, 2009, US Dist. Ct., from fas.org, p 33, 37, 41, etc
  8. 1 2 3 4 Government drops charge in United States v. Rosen that two lobbyists criminally received leak of classified `national defense information Newspaper Association of America, 2009 June 23
  9. See Ellis' decisions