Espionage Act of 1917

Enacted by the	65th United States Congress
Effective	June 15, 1917
Citations
Codification
Act(s) repealed	1921
Legislative history
Signed into law by President Woodrow Wilson on 1917
United States Supreme Court cases
Schenck v. United States
v t e

The Espionage Act of 1917 (Pub.L. 65-24, 40 Stat. 217, enacted June 15, 1917) is a United States federal law passed on June 15, 1917, shortly after the U.S. entry into World War I. It has been amended numerous times over the years. It was originally found in Title 50 of the U.S. Code (War) but is now found under Title 18, Crime. Specifically it is 18 U.S.C. §792 et seq.^[1]

It originally prohibited any attempt to interfere with military operations, to support U.S. enemies during wartime, to promote insubordination in the military, or to interfere with military recruitment. In 1919, the U.S. Supreme Court unanimously ruled in Schenck v. United States that the act did not violate the freedom of speech of those convicted under its provisions. The constitutionality of the law, its relationship to free speech, and the meaning of the law's language have been contested in court ever since.

Among those who have been charged with offenses under the Act are former Watch Tower Bible & Tract Society president Joseph F. Rutherford, communists Julius and Ethel Rosenberg, Pentagon Papers whistleblower Daniel Ellsberg, and alleged cablegate whistleblower Bradley Manning. Rutherford's conviction was overturned on appeal.^[2] The most controversial sections of the Act, including the original section 3, under which Rutherford was convicted, were repealed in 1921.^[3]

Enactment[link]

The Espionage Act of 1917 was passed, along with the Trading with the Enemy Act, just after the United States entered World War I in April 1917. It was based on the Defense Secrets Act of 1911, especially the notions of obtaining or delivering information relating to "national defense" to a person who was not "entitled to have it", itself based on an earlier British Official Secrets Act. The Espionage Act law imposed much stiffer penalties than the 1911 law, including the death penalty.^[4]

President Woodrow Wilson in his December 7, 1915 State of the Union address asked Congress for the legislation:^[5]

There are citizens of the United States ... who have poured the poison of disloyalty into the very arteries of our national life; who have sought to ring the authority and good name of our Government into contempt ... to destroy our industries ... and to debase our politics to the uses of foreign intrigue.... [W]e are without adequate federal laws.... I am urging you to do nothing less than save the honor and self-respect of the nation. Such creatures of passion, disloyalty,and anarchy must be crushed out.

Congress moved slowly. Even after the U.S broke diplomatic relations with Germany, when the Senate passed a version on February 20, 1916, the House did not vote before the then-current session of Congress ended. After the declaration of war in April 1917, both houses debated versions of the Wilson administration's drafts that included press censorship.^[6] That provision aroused opposition, with critics charging it established a system of "prior restraint" and delegated unlimited power to the president.^[7] After weeks of intermittent debate, the Senate removed the censorship provision by a one-vote margin, voting 39 to 38.^[8] Wilson still insisted it was needed: "Authority to exercise censorship over the press ... is absolutely necessary to the public safety." but signed the Act without the censorship provisions on June 15, 1917.^[9]

Attorney General Thomas Watt Gregory supported passage of the act, but viewed it as a compromise. The President's Congressional rivals were proposing to remove responsibility for monitoring pro-German activity, whether espionage or some form of disloyalty, from the Department of Justice to the War Department and creating a form of courts-martial of doubtful constitutionality. The resulting Act was far more aggressive and restrictive than they wanted, but it silenced citizens opposed to the war.^[10] Officials in the Justice Department who had little enthusiasm for the law nevertheless hoped that even without generating many prosecutions it would help quiet public calls for more government action against those thought to be insufficiently patriotic.^[11] Wilson was denied language in the Act authorizing power to the executive branch for press censorship, but Congress did include a provision to block distribution of print materials through the Post Office. ^[4]

It made it a crime:

• To convey information with intent to interfere with the operation or success of the armed forces of the United States or to promote the success of its enemies. This was punishable by death or by imprisonment for not more than 30 years or both.

• To convey false reports or false statements with intent to interfere with the operation or success of the military or naval forces of the United States or to promote the success of its enemies when the United States is at war, to cause or attempt to cause insubordination, disloyalty, mutiny, refusal of duty, in the military or naval forces of the United States, or to willfully obstruct the recruiting or enlistment service of the United States. This was punishable by a maximum fine of $10,000 or by imprisonment for not more than 20 years or both.

The Act also gave the Postmaster General authority to impound or to refuse to mail publications that he determined to be in violation of its prohibitions.^[12]

The Act also forbids the transfer of any naval vessel equipped for combat to any nation engaged in a conflict in which the United States is neutral. Seemingly uncontroversial when the Act was passed, this later became a legal stumbling block for the administration of Franklin Delano Roosevelt, when he sought to provide military aid to Great Britain before the United States entered World War II.^[13]

Amendments[link]

The law was extended on May 16, 1918, by the Sedition Act of 1918–actually a set of amendments to the Espionage Act–which prohibited many forms of speech, including "any disloyal, profane, scurrilous, or abusive language about the form of government of the United States ... or the flag of the United States, or the uniform of the Army or Navy".^[10]

Because the Sedition Act was an informal name, court cases were brought under the name of the Espionage Act, whether the charges were based on the provisions of the Espionage Act or the provisions of the amendments known informally as the Sedition Act.

On March 3, 1921, the Sedition Act amendments were repealed, but many provisions of the Espionage Act remain, codified under U.S.C. Title 18, Part 1, Chapter 37.^[14][15]

In 1933, after signals intelligence expert Herbert Yardley published a popular book about breaking Japanese codes, the Act was amended to prohibit the disclosure of foreign code or anything sent in code.^[16] The Act was amended in 1940 to increase the penalties it imposed, and again in 1970.^[17]

In the late 1940s the U.S. Code was re-organized and much of Title 50 (War) was moved to Title 18 (Crime). The McCarran Internal Security Act added 18 U.S.C. § 793(e) in 1950 and 18 U.S.C. § 798 was added the same year.^[18]

In 1961, Congressman Richard Poff succeeded after several attempts in removing language that restricted the Act's application to territory "within the jurisdiction of the United States, on the high seas, and within the United States" 18 U.S.C. § 791. He said the need for the Act apply everywhere was prompted by the Scarbeck case, a State Department official charged with yielding to blackmail threats in Poland.^[19]

Proposed amendments[link]

In 1989, Congressman James Traficant tried to amend 18 U.S.C. § 794 to broaden the application of the death penalty.^[20] Senator Arlen Spector proposed a comparable expansion of the use of the death penalty the same year.^[21] In 1994, Robert K. Dornan proposed the death penalty for the disclosure of a U.S. agent's identity.^[22]

History[link]

World War I[link]

Blessed are the Peacemakers by George Bellows, The Masses 1917

Wikisource has original text related to this article: Debs' Speech of Sedition

Much of the Act's enforcement was left to the discretion of local United States Attorneys, so enforcement varied widely. For example, Socialist Kate Richards O'Hare gave the same speech in several states, but was convicted and sentenced to a prison term of five years for delivering her speech in North Dakota. Most enforcement activity occurred in the Western states where the I.W.W. was active.^[23] Finally Gregory, a few weeks before the end of the war, instructed the U.S. Attorneys not to act without his approval.

A year after the Act's passage, Eugene V. Debs, Socialist Party presidential candidate in 1904, 1908, and 1912 was arrested and sentenced to 10 years in prison for making a speech that "obstructed recruiting". He ran for president again in 1920 from prison. President Warren G. Harding commuted his sentence in December 1921 when he had served nearly five years.^[24]

In United States v. Motion Picture Film (1917), a federal court upheld the government's seizure of a film called The Spirit of '76 on the grounds that its depiction of cruelty on the part of British soldiers during the American Revolution would undermine support for America's wartime ally. The producer, Robert Goldstein, a Jew of German origins, was prosecuted under Title XI of the Act, and received a ten-year sentence plus a fine of $5000. The sentence was commuted on appeal to three years.^[25]

Postmaster General Albert S. Burleson and those in his department played critical roles in the enforcement of the Act. He held his position because he was a Democratic party loyalist and close to both the President and the Attorney General. At a time when the Department of Justice numbered its investigators in the dozens, the Post Office had a nationwide network in place. The day after the Act became law, Burleson sent a secret memo to all postmasters ordering them to keep "close watch on ... matter which is calculated to interfere with the success of ... the government in conducting the war".^[26] Postmasters in Savannah, Georgia, and Tampa, Florida, refused to mail the Jeffersonian, the mouthpiece of Tom Watson, a southern populist, an opponent of the draft, the war, and minority groups. When Watson sought an injunction against the postmaster, the federal judge who heard the case called his publication "poison" and denied his request. Government censors objected to the headline "Civil Liberty Dead".^[27] In New York City, the postmaster refused to mail The Masses, a socialist monthly, citing the publication's "general tenor". The Masses was more successful in the courts, where Judge Learned Hand found the Act was applied so vaguely as to threaten "the tradition of English-speaking freedom". The editors were then prosecuted for obstructing the draft and the publication folded when denied access to the mails again.^[28] Eventually, Burleson's energetic enforcement overreached when he targeted supporters of the administration. The President warned him to exercise "the utmost caution" in his censorship efforts, and the dispute proved the end of their political friendship.^[29]

In May 1918 sedition charges were laid under the Espionage Act against Watch Tower Bible and Tract Society president "Judge" Joseph Rutherford and seven other Watch Tower directors and officers over statements made in the society's book, The Finished Mystery, published a year earlier. The book had claimed that patriotism was a delusion and murder and the officers were charged with attempting to cause insubordination, disloyalty, refusal of duty in the armed forces and obstructing the recruitment and enlistment service of the U.S. while it was at war.^[30] The book had been banned in Canada since February 1918 for what a Winnipeg newspaper described as "seditious and antiwar statements"^[31] and described by Attorney General Gregory as dangerous propaganda.^[32] On June 21 seven of the directors, including Rutherford, were sentenced to the maximum 20 years' imprisonment for each of four charges, to be served concurrently. They served nine months in the Atlanta Penitentiary before being released on bail at the order of Supreme Court judge Louis Brandeis. In April 1919 an appeal court ruled they had not had the "intemperate and impartial trial of which they were entitled" and reversed their conviction.^[33] In May 1920 the government announced that all charges had been dropped.^[34]

Red Scare, Palmer Raids, mass arrests, deportations[link]

The house of Attorney General Palmer after being bombed by anarchists in 1919

During the Red Scare of 1918–19, in response to the 1919 anarchist bombings aimed at prominent government officials and businessman, U.S. Attorney General A. Mitchell Palmer, supported by J. Edgar Hoover, then head of the Justice Department's Enemy Aliens Registration Section, used the Sedition Act, a 1918 amendment to the Espionage Act, to deport several hundred foreign citizens, including Emma Goldman, to the Soviet Union on a ship the press called the "Soviet Ark".^[4][35][36]

[edit] Schenck v. United States and the Red Scare

File:Freedom of speech in war times.djvu Many of the jailed challenged their convictions based on their right to free speech. The Supreme Court disagreed. The Espionage Act limits on free speech were ruled constitutional in the United States Supreme Court case Schenck v. United States, 249 U.S. 47 in 1919. Schenck, an anti-war Socialist, had been convicted of violating the Act when he sent anti-draft pamphlets to men eligible for the draft. Although Supreme Court Justice Oliver Wendell Holmes joined the Court majority in upholding Schenck's conviction in 1919, he also introduced the theory that punishment in such cases is limited to political expression that constitutes a "clear and present danger" to the government action at issue. Holmes' opinion is also the origin of the notion that speech equivalent to "Shouting fire in a crowded theater" is not protected by the First Amendment.

Justice Holmes began to doubt his decision due to criticism received from free speech advocates. He also met the Harvard Law professor Zechariah Chafee and discussed his criticism of Schenck.^[36][37]

Later in 1919, in Abrams v. United States, the Supreme Court upheld the conviction of a man who distributed circulars in opposition to American intervention in Russia following the Russian Revolution. The concept of bad tendency was used to justify the restriction of speech. The defendant was deported. Justices Holmes and Brandeis, however, dissented, arguing that "a silly leaflet by an unknown man" could not be construed as a consequential threat.^[36][38]

In March 1919 President Wilson, at the suggestion of Attorney General Thomas Watt Gregory pardoned or commuted the sentences of some 200 prisoners convicted under the Espionage Act or the Sedition Act.^[39] By the end of 1920 the Red Scare had faded, Palmer left government, and the Espionage Act fell into relative disuse. The NCLB took as its new name the American Civil Liberties Union.^[36]

World War II[link]

Prosecutions under the Act were far less numerous during World War II than they had been during World War I. Associate Justice Frank Murphy noted in 1944 in Hartzel v. United States that "For the first time during the course of the present war, we are confronted with a prosecution under the Espionage Act of 1917." Hartzel, a World War I veteran, had distributed anti-war pamphlets to associations and business groups. The court's majority found that his materials, though comprising "vicious and unreasoning attacks on one of our military allies, flagrant appeals to false and sinister racial theories, and gross libels of the President", did not urge mutiny or any of the other specific actions detailed in the Act, and that he had targeted molders of public opinion, not members of the armed forces or potential military recruits. The court overturned his conviction in a 5–4 decision. The four dissenting justices declined to "intrude on the historic function of the jury" and would have upheld the conviction.^[40] In Gorin v. United States (early 1941), the Supreme Court ruled on many constitutional questions surrounding the act.^[41]

The Act was used in 1942 to deny a mailing permit to Charles Coughlin's weekly Social Justice, effectively ending its distribution to subscribers. It was part of Attorney General Francis Biddle's attempt to close down what he called "vermin publications".^[42][43][44] The same year, a front page story in the Chicago Tribune implied that the U.S. had broken Japanese codes, which might have prompted the Japanese to change their codes and any advantage the U.S. had gained. The newspaper was brought before a Grand Jury, but proceedings were halted because of government reluctance to present a jury with highly secret information necessary to prosecute the publishers as well as concern that a trial would attract more attention to the case.^[45]

In 1945 six associates of Amerasia magazine, a journal of Far Eastern affairs, came under suspicion after publishing articles that bore similarity to Office of Strategic Services reports. The government proposed using the Espionage Act against them but later softened its approach, changing the charges to Embezzlement of Government Property (Now 18 U.S.C. § 641). A Grand Jury cleared three of the associates, two associates paid small fines, and charges against the sixth man were dropped. Senator Joseph McCarthy believed the failure to aggressively prosecute the defendants was a communist conspiracy and according to Kleht and Radosh, the case helped build his notoriety.^[46]

Mid-20th century Soviet spies[link]

Navy employee Hafis Salich sold Soviet agent Mihail Gorin information regarding Japanese activities in the late 1930s. Gorin v. United States was cited in many later espionage cases for its discussion of the charge of "vagueness" argument made against the terminology used in certain portions of the law, such as what constitutes "national defense" information.

Later in the 1940s several incidents prompted the government to increase its investigations into Soviet espionage. These included the Venona decryptions, the Elizabeth Bentley case, the atomic spies cases, the First Lightning Soviet nuke test, and others. Many suspects were surveilled, but never prosecuted and the investigations dropped, as can been seen in the FBI Silvermaster Files. However there were also many successful prosecutions and convictions under the Act.

In August 1950, Julius and Ethel Rosenberg were indicted under Title 50, sections 32a and 34, in connection with his giving nuclear secrets to the Soviet Union. Anatoli Yakovlev was indicted as well. In 1951 Morton Sobell and David Greenglass were indicted. After a controversial trial in 1951, the Rosenbergs were sentenced to death. The sentence was carried out in 1953.^[47][48][49] In the late 1950s, several members of the Soble spy ring, including Robert Soblen, and Jack and Myra Soble, were prosecuted for espionage. In the mid-1960s, the act was used against James Mintkenbaugh and Robert Lee Johnson, who sold information to the Soviets while working for the U.S. Army in Berlin.^[50][51]

1948 code revision and the 1950 McCarran Internal Security Act[link]

In 1948 some portions of the United States Code were reorganized. Much of Title 50 (War and National Defense) was moved to Title 18 (Crimes and Criminal Procedure). Thus Title 50 Chapter 4, Espionage, (Sections 31–39), became Title 18, 792 and following. As a result, certain older cases, such as the Rosenberg case, are now listed under Title 50, while newer cases are often listed under Title 18.^[47][52]

In 1950, during the McCarthy Period, Congress passed the McCarran Internal Security Act over President Harry S. Truman's veto. It modified a large body of law, including espionage law. One addition was 793(e), which had almost exactly the same language as 793(d). According to Edgar and Schmidt, the added section potentially removes the "intent" to harm or aid requirement and may make "mere retention" of information a crime no matter what the intent, covering even former government officials writing their memoirs. They also describe McCarran saying that this portion was intended directly to respond to the case of Alger Hiss and the pumpkin papers.^[18][53][54]

Judicial review, 1960s and 1970s[link]

Brandenburg[link]

Court decisions of this era changed the standard for enforcing some provisions of the Espionage Act. Thought not a case involving charges under the Act, Brandenburg v. Ohio (1969) changed the "clear and present danger" test derived from Schenck to the "imminent lawless action" test, a considerably stricter test of the inflammatory nature of speech.^[55]

Pentagon Papers[link]

In June 1971, Daniel Ellsberg and Anthony Russo were charged with a felony under the Espionage Act of 1917, because they lacked legal authority to publish classified documents that came to be known as the Pentagon Papers.^[56] The Supreme Court in New York Times Co. v. United States found that the government had not made a successful case for prior restraint of Free Speech, but a majority of the justices ruled that the government could still prosecute the Times and the Post for violating the Espionage Act in publishing the documents. Ellsberg and Russo were not acquitted of violating the Espionage Act, but were freed due to a mistrial based on irregularities in the government's case.^[57]

The divided Supreme Court had denied the government's request to restrain the press. In their opinions the justices expressed varying degrees of support for the First Amendment claims of the press against the government's "heavy burden of proof" in establishing that the publisher "has reason to believe" the material published "could be used to the injury of the United States or to the advantage of any foreign nation".^{[citation needed]}

The case prompted Harold Edgar and Benno C. Schmidt, Jr. to write an article on espionage law in the 1973 Columbia Law Review. Their article was entitled "The Espionage Statutes and Publication of Defense Information". Essentially they found the law to be poorly written and vague, with parts of it probably unconstitutional. Their article became widely cited in books and in future court arguments on Espionage cases.^[58]

United States v. Dedeyan in 1978 was the first prosecution under 793(f)(2) (Dedeyan 'failed to report' that information had been disclosed). The courts relied on Gorin v. United States (1941) for precedent. The ruling touched on several constitutional questions including vagueness of the law and whether the information was "related to national defense". The defendant received a 3-year sentence.^[59][60]

In 1979–80, Truong and Humphrey were convicted under 793(a), (c), and (e) as well as several other laws. The ruling discussed several constitutional questions regarding espionage law, "vagueness", the difference between classified information and "national defense information", wiretapping and the Fourth Amendment. It also commented on the notion of bad faith (scienter) being a requirement for conviction even under 793(e); an "honest mistake" was said not to be a violation.^[60][61]

Reagan administration[link]

Alfred Zehe was arrested in Boston in 1983 after being caught in a government-run sting operation in which he had reviewed classified U.S. government documents in Mexico and East Germany. His attorneys contended without success that the indictment was invalid, arguing that the Espionage Act does not cover the activities of a foreign citizen outside the United States.^[62][63] Zehe then pleaded guilty and was sentenced to 8 years in prison. He was released in June 1985 as part of an exchange of four East Europeans held by the U.S. for 25 people held in Poland and East Germany, none of them American.^[64]

One of Zehe's defense attorneys claimed his client was prosecuted as part of "the perpetuation of the 'national-security state' by over-classifying documents that there is no reason to keep secret, other than devotion to the cult of secrecy for its own sake".^[65]

The media dubbed 1985 "Year of the spy". U.S Navy civilian Jonathan Pollard was charged with 18 U.S.C. § 794(c), for selling info to Israel. His 1986 plea bargain did not get him out of a life sentence, after a 'victim impact statement' including a statement by Caspar Weinberger.^[66] Larry Wu-Tai Chin, at CIA, was charged with 18 U.S.C. § 794(c) for selling info to China.^[67] Ronald Pelton was dinged for 18 U.S.C. § 794(a), 794(c), & 798(a), for selling out to the Soviets, and ruining Operation Ivy Bells.^[68] Edward Lee Howard was an ex-Peace Corps and ex-CIA agent charged with 17 U.S.C. § 794(c) for allegedly dealing with the Soviets. The FBI's website says the 1980s was the "decade of the spy", with dozens of arrests.^[69]

Seymour Hersh wrote an article entitled "The Traitor" arguing against Pollard's release.^{[70][dead link]}

Morison[link]

Samuel Loring Morison was a government security analyst who worked on the side for Jane's, a British military and defense publisher. He was arrested on October 1, 1984.^[71] Investigators never demonstrated any intent to provide information to a hostile intelligence service. Morison told investigators that he sent classified satellite photographs to Jane's because the "public should be aware of what was going on on the other side", meaning that the Soviets' new nuclear-powered aircraft carrier would transform the USSR's military capabilities. He said that "if the American people knew what the Soviets were doing, they would increase the defense budget." British intelligence sources thought his motives were patriotic. Prosecutors emphasized personal economic gain and Morison's complaints about his government job.^[72]

The Reagan administration, as part of a wider campaign against leaks of information, used the prosecution of Morison as a "test case" for applying the Act to cover the disclosure of information to the press. A March 1984 government report had noted that "the unauthorized publication of classified information is a routine daily occurrence in the U.S." but that the applicability of the Espionage Act to such disclosures "is not entirely clear".^[73] Time said that the administration, if it failed to convict Morison, would seek additional legislation and described the ongoing conflict: "The Government does need to protect military secrets, the public does need information to judge defense policies, and the line between the two is surpassingly difficult to draw."^[73]

On October 17, 1985, Morison was convicted in Federal Court on two counts of espionage and two counts of theft of government property.^[73] He was sentenced to two years in prison on on December 4, 1985.^[74] The Supreme Court declined to hear his appeal in 1988.^[75] Morison became "the only [American] government official ever convicted for giving classified information to the press" up to that time.^[76] Following a 1998 appeal for a pardon on the part of Senator Daniel Patrick Moynihan, President Bill Clinton pardoned Morison on January 20, 2001, the last day of his presidency,^[76] despite the CIA's opposition to the pardon.^[75]

The Reagan administration used its successful prosecution of Morison to warn against the publication of leaked information. In May 1986, CIA Director William Casey, without citing specific violations of law, threatened to prosecute five news organizations–The Washington Post, The Washington Times, The New York Times, Time and Newsweek.^[77]

Soviet spies, late 20th century[link]

Christopher John Boyce of TRW, and his accomplice Andrew Daulton Lee, sold out to the Soviets and went to prison in the 1970s. Several members of the Walker spy ring were prosecuted for their activities in the 1980s. David Henry Barnett was the first CIA officer to be convicted under the act. NSA agent David Sheldon Boone was charged for giving a 600-page technical manual to the Soviets c. 1988-1991 (18 U.S.C. § 794(a)). FBI agent Robert Hanssen was convicted under the Act for spying for the Soviets in the 1980s and Russia in the 1990s. Another FBI agent, Earl Edwin Pitts, was arrested in 1996 under 18 U.S.C. § 794(a) and 18 U.S.C. § 794(c) for spying for the Soviet Union and later for the Russian Federation.^{[78][79][80][81]}

CIA agent Aldrich Ames was convicted under 18 U.S.C. § 794(c) in the 1990s for spying for the Soviets. Ames revealed their identities of several U.S. sources to Soviet authorities, who then executed them.^[82]

Other spies of the 1990s[link]

• Name, Agency, Foreign party.^[83]
• Brown, Joseph Garfiel, former Airman, Selling info to the Philippines
• Carney, Jeffrey M, Air Force, East Germany
• Clark, James Michael, Kurt Allen Stand and Therese Marie Squillacot, Govt contractors, East Germany
• Charlton, John Douglas, Lockheed, Sold info to an undercover FBI agent posing as a foreign agent
• Gregory, Jeffery Eugen, Army, Hungary + Czechoslovakia
• Groat, Douglas Frederick, CIA, Original espionage charges dropped to avoid disclosure at trial.
• Faget, Mariano, INS, Cuba
• The Cuban Five (Hernández, Guerrero, Labañino, González, and González)
• Hamilton, Frederick Christopher, DIA, Ecuador.
• Jenott, Eric, Army, charged with Espionage but acquitted.
• Jenott, Eric, State Department, passing classified info to West African journalist Dominic Ntube
• Kim, Robert Chaegu, Navy, South Korea
• Lalas, Steven John, State, Greece
• Lee, Peter, LANL, China (discussing hohlraums)
• Lessenthien, Kurt, Navy, Russia

1990s critiques[link]

In the 1990s, Senator Daniel Patrick Moynihan deplored the "culture of secrecy" made possible by the Act, noting the tendency of bureaucracies to enlarge their powers by increasing the scope of what is held "secret".^[84]

In the late 1990s, Dr. Wen Ho Lee of Los Alamos National Laboratory (LANL) was indicted under the Act. He and other national security professionals later said he was a "scapegoat" in the government's quest to determine if information about the W88 nuclear warhead had been transferred to China. Dr. Lee had made backup copies at LANL of his nuclear weapons simulations code to protect it in case of a system crash. The code was marked PARD, sensitive but not classified. As part of a plea bargain, he pled guilty to one count under the Espionage Act. The judge apologized to him for having believed the government. Lee later won a more than a million dollars in a lawsuit against the government and several newspapers for their mistreatment of him.^[85]

21st century[link]

In 2005 Pentagon Iran expert Lawrence Franklin, along with AIPAC lobbyists Rosen and Weissman, were indicted under the act. Franklin pleaded guilty to conspiracy to disclose national defense information to the lobbyists and an Israeli government official.^[86] Franklin was sentenced to more than 12 years in prison, but the sentence was later reduced to 10 months of home confinement^[87] and community service. In 2007 the trial became the first to successfully use the controversial silent witness rule. The charges against Rosen and Weissman were dropped in 2009.

Many prosecutions in the early 21st century related not to traditional espionage but to either "withholding" information or communicating with members of the media. There were five such prosecutions in 2010.

Kenneth Wayne Ford Jr. was indicted under the Espionage Act 18 U.S.C. § 793(e) for allegedly having a box of documents in his house after he left NSA employment around 2004. He was sentenced to six years in prison in 2006.^[88]

Jeffrey Alexander Sterling, a former CIA agent was indicted under the Act in January 2011 for alleged unauthorized disclosure of national defense information to James Risen, a New York Times reporter, in 2003 regarding his book State of War. The indictment described his motive as revenge for the CIA's refusal to allow him to publish his memoirs and its refusal to settle his racial discrimination lawsuit against the Agency. Others have described him as telling Risen about a backfired CIA plot against Iran in the 1990s.^[89]

Wikileaks founder Julian Assange

In April 2010, Thomas Andrews Drake, an official with the National Security Agency (NSA), was indicted under the Act for alleged willful retention of national defense information 18 U.S.C. § 793(e). The case arose from investigations into his communications with Siobhan Gorman of the Baltimore Sun and Diane Roark of the House Intelligence Committee as part of his attempt to blow the whistle on several issues including the NSA's Trailblazer project.^[90] Considering the prosecution of Drake, investigative journalist Jane Mayer wrote that "Because reporters often retain unauthorized defense documents, Drake's conviction would establish a legal precedent making it possible to prosecute journalists as spies."^[91]

In May 2010, Shamai K. Leibowitz, a translator for the FBI, admitted sharing information with a blogger and plead guilty to one count of disclosure of classified information (18 U.S.C. § 798(a)(3)). As part of a plea bargain, he was sentenced to 20 months in prison.^[92][93]

In August 2010, Stephen Jin-Woo Kim, a contractor for the State Department and a specialist in nuclear proliferation, was indicted under the Act for alleged disclosure of national defense information 18 U.S.C. § 793(d) in June 2009 to reporter James Rosen of Fox News, related to North Korea's plans to test a nuclear weapon.^[94][95]

In 2010, Bradley Manning, an Army private who allegedly leaked information including the United States diplomatic cables leak to Julian Assange and Wikileaks, was charged under the Espionage Act 18 U.S.C. § 793(e). The charge is technically under Article 134 of the UCMJ (Uniform Code of Military Justice) which incorporates parts of the U.S. Code.^[96]

In November 2010, anticipating the possible indictment of WikiLeaks founder Julian Assange under the Act,^[97] critics of that legal strategy said that the broad language of the Act could make news organizations and anyone who reported, printed, or disseminated information from Wikileaks subject to prosecution as well.^[98] In 2011, an unknown person in Cambridge, Massachusettes, had received a subpoena regarding the Espionage Act's "conspiracy" clause 18 U.S.C. § 793(g), as well as the federal embezzlement law 18 U.S.C. § 641, a statute used in some other Espionage Act-related cases. Greenwald says this is "probably" related to wikileaks.^[99] A grand jury has begun meeting in Alexandria, Virginia, to hear evidence and decide whether an indictment should be brought.^[100]

In January 2012, John Kiriakou, former CIA officer and later Democratic staffer on the Senate Foreign Relations Committee, was charged under the Espionage Act with leaking information to journalists about the identity of undercover agents, including one who was allegedly involved in waterboarding interrogations of al-Qaeda logistics chief Abu Zubaydah.^[101][102] He is alleged to have also disclosed an investigative technique used to capture Zubaydah in Pakistan in 2002.^[103]

See also[link]

References[link]

Further reading[link]

• Kohn, Stephen M. American Political Prisoners: Prosecutions under the Espionage and Sedition Acts Westport, CT: Praeger, 1994
• Murphy, Paul L. World War I and the Origin of Civil Liberties in the United States New York: W. W. Norton, 1979
• Peterson, H.C., and Gilbert C. Fite. Opponents of War, 1917-1918 Madison: University of Wisconsin Press, 1957
• Preston, William, Jr. Aliens and Dissenters: Federal Suppression of Radicals, 1903-1933 2nd ed. Urbana: University of Illinois Press, 1994
• Rabban, David M. Free Speech in Its Forgotten Years New York: Cambridge University Press, 1997
• Scheiber, Harry N. The Wilson Administration and Civil Liberties 1917-1921 Ithaca: Cornell University Press, 1960
• Thomas, William H., Jr. Unsafe for Democracy: World War I and the U.S. Justice Department's Covert Campaign to Suppress Dissent Madison: University of Wisconsin Press, 2008

External links[link]

Wikisource has original text related to this article: Espionage Act of 1917

• Secrecy and Security Library, Federation of American Scientists
• Excerpt from the original (1917) U.S. Espionage Act
• The United States v. Rose Pastor Stokes (1918)
• Freedom of Speech, Zechariah Chafee, 1920 (Google Books ebook)

James Rosenquist
Photo of James Rosenquist in his Aripeka, Florida studio, 1988. Photo by Russ Blaise
Born	(1933-11-29) November 29, 1933 (age 78) Grand Forks, North Dakota
Nationality	American
Field	Painting, Printmaking, Drawing
Training	Minneapolis College of Art and Design, University of Minnesota, Art Students League of New York
Movement	pop-art

James Rosenquist (born November 29, 1933) is an American artist and one of the protagonists in the pop-art movement.

Background and education[link]

He was born in Grand Forks, North Dakota and grew up as an only child. His parents, Louis and Ruth Rosenquist of Swedish descent, were amateur pilots and moved from town to town to look for work, finally settling in Minneapolis. His mother, who was also a painter, encouraged her son to have an artistic interest. In junior high school, Rosenquist won a short-term scholarship to study at the Minneapolis School of Art and subsequently studied painting at the University of Minnesota from 1952 to 1954. In 1955, at the age of 21, he moved to New York City on scholarship to study at the Art Students League.^[1]

Career[link]

Early Years and Pop[link]

From 1957 to 1960, he earned his living as a billboard painter. This was perfect training, as it turned out, for an artist about to explode onto the pop art scene. Rosenquist deftly applied sign-painting techniques to the large-scale paintings he began creating in 1960. Like other pop artists, Rosenquist adapted the visual language of advertising and pop culture (often funny, vulgar, and outrageous) to the context of fine art. Rosenquist achieved international acclaim in 1965 with the room-scale painting F-111.

Rosenquist has said the following about his involvement in the Pop Art movement: "They(art critics) called me a Pop artist because I used recognizable imagery. The critics like to group people together. I didn't meet Andy Warhol until 1964. I did not really know Andy or Roy Lichtenstein that well. We all emerged separately."^[2]

Mature work[link]

His specialty is taking fragmented, oddly disproportionate images and combining, overlapping, and putting them on canvases to create visual stories. This can leave some viewers breathless yet others confused, making them consider even the most familiar objects (a U-Haul trailer, or a box of Oxydol detergent, etc.) in more abstract and provocative ways^{[citation needed]}.

Prints[link]

In addition to painting, he has produced a vast array of prints, drawings and collages. One of his prints, Time Dust (1992), is thought to be the largest print in the world, measuring approximately 7 x 35 feet.

In 1994, he created the print Discover Graphics in celebration of a Smithsonian educational program detailing the printmaking process. The print's proceeds supported the Smithsonian Associates' cultural and educational programs, and an original of the lithograph hangs in the Smithsonian Art Collectors Program's ongoing exhibition, Graphic Eloquence in the S. Dillon Ripley Center in the National Mall.

Honors[link]

Rosenquist has received numerous honors, including selection as "Art In America Young Talent USA" in 1963, appointment to a six-year term on the Board of the National Council of the Arts in 1978, and receiving the Golden Plate Award from the American Academy of Achievement in 1988. In 2002, the Fundación Cristóbal Gabarrón conferred upon him its annual international award for art, in recognition of his great contributions to universal culture.

Since his first early career retrospectives in 1972 organized by the Whitney Museum of American Art, New York City, and the Wallraf-Richartz Museum, Cologne, he has been the subject of several gallery and museum exhibitions, both in the United States and abroad. The Solomon R. Guggenheim Museum organized a full-career retrospective in 2003, which traveled internationally, and was organized by curators Walter Hopps and Sarah Bancroft.^[3]

Rosenquist continues to produce large-scale commissions, including the recent three-painting suite The Swimmer in the Econo-mist (1997–1998) for Deutsche Guggenheim, Berlin, Germany, and a painting planned for the ceiling of the Palais de Chaillot in Paris, France. His work continues to develop in exciting ways and is an ongoing influence on younger generations of artists. A note of interest would be that F-111 was mentioned in a chapter of Polaroids from the Dead by Douglas Coupland.

Personal[link]

On April 25, 2009, a fire swept through Hernando County, Florida, where Rosenquist has lived for 30 years, burning the artist's house, studios, and warehouse. All of his paintings stored on his property were destroyed, including art for an upcoming show.^[4][5][6]

Gallery[link]

References[link]

External links[link]

• Rosenquist's official site (Requires Macromedia Flash)
• James Rosenquist at the Museum of Modern Art
• Photographs of James Rosenquist by photographer Russ Blaise
• Interview with db artmag
• Pop Art Masters – James Rosenquist
• In the Studio: James Rosenquist
• Interview with Myartspace
• Exhibition The Hole in the Center of Time with the latest works at Jablonka Galerie, Berlin
• Rosenquist's Discover Graphics, the Smithsonian Art Collectors Program.
• Rosenquist Writ Large, by Himself, Dwight Garner, The New York Times, October 27, 2009

Lawrence O'Donnell
O'Donnell at the 2009 premiere of Polliwood
Born	(1951-11-07) November 7, 1951 (age 60) Boston, Massachusetts, USA
Ethnicity	Irish American
Education	Harvard University
Occupation	Political analyst
Notable credit(s)	Political commentary: The Last Word with Lawrence O'Donnell The McLaughlin Group Morning Joe Television fictional series: The West Wing (producer, writer) Big Love, Homeland (actor)
Spouse	Kathryn Harrold (m. 1994, divorced)

Lawrence Francis O'Donnell, Jr. (born November 7,^[1] 1951) is a political analyst, journalist, actor, producer, writer, and host of The Last Word with Lawrence O'Donnell, a weeknight MSNBC opinion and news program. O'Donnell called himself a "practical European socialist" in a Newsmaker Interview dated November 11, 2005.^[2] He frequently filled in as host of Countdown before getting his own show on the cable network. Beginning 24 October 2011, The Last Word with Lawrence O'Donnell switched time slots with The Ed Show, with Ed Schultz taking over the 8 p.m. Eastern slot, and O'Donnell returning to the 10 p.m. Eastern slot.^[3]

O'Donnell has also appeared as a political analyst on The McLaughlin Group, The Al Franken Show, and Countdown. He was an Emmy Award-winning producer and writer for the NBC series The West Wing and creator and executive producer of the NBC series Mister Sterling. He is also an occasional actor, appearing as a recurring supporting character on the HBO series Big Love, portraying an attorney. He began his career as an aide to U.S. Senator Daniel Patrick Moynihan and was Staff Director for the Senate Finance Committee.

Personal life[link]

O'Donnell was born in Boston on November 7, 1951; the son of Frances Marie (née Buckley), an office manager, and Lawrence Francis O'Donnell, Sr., an attorney.^[1] He attended St. Sebastian's School '70, where he was captain of his baseball team, and graduated from Harvard College in 1976.^[4] While at Harvard, he wrote for the Harvard Lampoon and was popular among its members due to his wit and sarcasm.^[5] In 1994, O'Donnell married television and movie actress Kathryn Harrold. O'Donnell and Harrold have a daughter, Elizabeth Buckley Harrold O'Donnell.^[6] O'Donnell and Harrold later divorced.

Career[link]

From 1977 to 1988, O’Donnell was a writer.^[4] In 1983, he published the book Deadly Force, about a case of wrongful death and police brutality in which O'Donnell’s father was the plaintiff’s lawyer.^[7] In 1986, the book was made into the film A Case of Deadly Force, in which Richard Crenna played O'Donnell’s father and Tate Donovan played O'Donnell, and for which O’Donnell was associate producer.^[8]

U.S. Congress[link]

From 1989 to 1995, he was a key legislative aide to Senator Daniel Patrick Moynihan.^[4] From 1989 to 1991, he served as senior advisor to Moynihan. From 1992 to 1993, he was staff director of the United States Senate Committee on Environment and Public Works, then chaired by Senator Moynihan. And then from 1993 to 1995, he was staff director of the United States Senate Committee on Finance, once again under Senator Moynihan’s chairmanship. He thus led the staff of the Senate's tax-writing committee during the consideration of President Bill Clinton's first budget, which Congress enacted in the Omnibus Budget Reconciliation Act of 1993.

Television[link]

From 1999 to 2006, O’Donnell was associated with the television drama The West Wing. Over that time, he wrote 16 episodes. From 1999 to 2000 he was executive story editor for 12 episodes, in 2000 he was co-producer of 5 episodes, from 2000 to 2001 he was producer of 17 episodes, from 2003 to 2005 he was consulting producer for 44 episodes, and from 2005 to 2006 he was executive producer for 22 episodes.^[9] O’Donnell won the 2001 Emmy award for Outstanding Drama Series for The West Wing, and was nominated for the 2006 Emmy for the same category.^[10]

In 2002, O’Donnell was supervising producer and writer for the television drama First Monday, and in 2003, he was creator, executive producer, and writer for the television drama Mister Sterling.^[9]

Acting[link]

O'Donnell plays Lee Hatcher, the Henrickson family attorney, in the HBO series Big Love about a polygamous family in Utah. In addition to being a producer on The West Wing, O'Donnell also played President Josiah Bartlet's father in a flashback sequence of the episode "Two Cathedrals".

He also portrayed Judge Lawrence Barr in two episodes of Monk. He played himself on a few episodes of Showtime's Homeland.

MSNBC[link]

In 2009, O'Donnell became a regular contributor on Morning Joe with Joe Scarborough. His aggressive debate style on that program and others has led to several notable on-air confrontations, one of the most notable being an interview with Marc Thiessen on Morning Joe that became so heated that Scarborough took O'Donnell off the air.^[11][12][13]

Also in 2009 and 2010, O'Donnell began appearing frequently as a substitute host of Countdown with Keith Olbermann, particularly when Olbermann's father was ill in the hospital.

On September 27, 2010, O'Donnell began hosting a 10 p.m. show on MSNBC, called The Last Word with Lawrence O'Donnell.^[14][15]

On January 21, 2011, it was announced that O'Donnell would take over the 8 p.m. slot from Keith Olbermann after Olbermann announced the abrupt termination of his show, Countdown with Keith Olbermann;^[16] it later returned to the 10 p.m. hour.

Controversy[link]

In October 2004, O'Donnell got into a heated debate on Scarborough Country with John O'Neill, spokesman for the Swift Boat Veterans for Truth, over the allegations O'Neill made against John Kerry in his book Unfit for Command: Swift Boat Veterans Speak Out against John Kerry.^[17] In the debate, O'Donnell repeatedly and boisterously accused O'Neill of lying. Guest host Pat Buchanan tried to constrain O'Donnell with little success, and O'Neill at one point responded, "I will [provide evidence] if you'll shut up, Larry."^[18]

Before showing a taped interview with RNC Chairman Michael Steele, O'Donnell caused controversy over his intro to the interview which was considered racially insensitive. He said, "Michael Steele is dancing as fast as he can, trying to charm independent voters and Tea Partiers while never losing sight of his real master and paycheck provider, the Republican National Committee". After drawing criticism from Steele and talk-radio host Larry Elder, O'Donnell apologized for his remarks.^[19][20][21]

O'Donnell also drew criticism during an interview with congressman Ron Paul, when Paul accused him of breaking an agreement to not ask him about other political candidates.^[22] O'Donnell said he was not part of any agreement, but an MSNBC spokeswoman stated, "We told Rep. Paul’s office that the focus would be on the tea party movement, not on specific candidates".^[23]

During an October 2011 interview, O'Donnell accused Republican primary candidate Herman Cain of sitting on the sidelines during the civil rights protests of the 1960s and also charged him with avoiding the draft during the Vietnam War. Erick Erickson (a conservative blogger) called it "Perhaps the most detestable media character assassination I have seen in a very long time." Conor Friedersdorf said the questions posed by O'Donnell were "offensive" and declared, "In this interview, O'Donnell goes to absurd lengths to use patriotism and jingoism as cudgels to attack his conservative guest, almost as if he is doing a Stephen Colbert style parody of the tactics he imagines a right-wing blowhard might employ. Does he realize he's becoming what he claims to abhor?"^[24] O'Donnell's interview with Cain was later defended by Reverend Al Sharpton ^[25]

During the April 11, 2012 broadcast of The Last Word, O'Donnell apologized for comments made regarding the Church of Jesus Christ of Latter-day Saints (aka Mormon church) that, in his own words, offended many, including some of the shows most supportive fans^[26].

Political views[link]

O'Donnell called himself a "practical European socialist" in a 2005 interview.^[2] Despite regularly expressing support for regulated capitalism and mixed economies, O'Donnell again declared himself a "socialist" on the November 6, 2010 Morning Joe show, stating: "I am not a progressive. I am not a liberal who is so afraid of the word that I had to change my name to 'progressive'. Liberals amuse me. I am a socialist. I lie to the extreme left, the extreme left of you mere liberals."^[27] On the 1 August 2011 episode of The Last Word, O'Donnell further explained, "I have been calling myself a socialist ever since I first read the definition of socialism in the first economics class I took in college." O'Donnell went on to state that what he means by calling himself a socialist is

Not that we choose the socialist option every time but we do consider socialism a reasonable option under certain circumstances; in fact, under many circumstances. As any introductory economics course can tell you, there is no capitalist economy anywhere in the world, and there is no socialist economy anywhere in the world, not even Cuba. We are all mixed economies; that is, mixes of capitalism and socialism, and we all vary that mix in different ways. China has more capitalism, and a lot more capitalism, than has Cuba, but it also has a lot more socialism than we [the United States] do. Our socialist programs include the biggest government spending programs: Social Security, Medicare, Medicaid, as well as welfare, and the socialist program I hate the most, agriculture subsidies. Yes, I'm a socialist, but I hate bad socialism, and there is plenty of bad socialism out there, just like there is plenty of bad capitalism out there, like the capitalism that pollutes our rivers or makes health care too expensive for so many people. I can argue this because every side of this is true: capitalism is good, capitalism is bad; socialism is good, socialism is bad; all of those things are true at the same time. That's why we have a mixed economy, an economy in which we are trying to use the best, most efficient forms of capitalism, and the best, most efficient forms of socialism, where necessary. So my full truth is I am as much a capitalist as I am a socialist; but since we live in the only mature country in the world where "socialist" is considered such a dirty word that no one would dare admit to being one, I feel more compelled to stand up for the socialist side of me than the capitalist side of me.^[28]

Philanthropy[link]

In late 2010 O'Donnell made a trip to Malawi with the intent of providing desks for students who had never seen desks. MSNBC and UNICEF partnered to create the K.I.N.D. fund - Kids in Need of Desks - with the mission to deliver desks to African schools. During its first year, the program raised $2,413,999 and delivered 39,949 desks with over 5,000 more in the pipeline on their way to classrooms.

References[link]

External links[link]

• Lawrence O'Donnell at the Internet Movie Database
• The Last Word Blog
• Lawrence O'Donnell on Twitter

John Kiriakou is a former CIA analyst and case officer, former senior investigator for the Senate Foreign Relations Committee, and former counter-terrorism consultant for ABC News, blogger for Huffington Post,^[1] and author.^[2]

He is notable as the first official within the U.S. government to confirm the use of waterboarding of al-Qaeda prisoners as an interrogation technique, which he described as torture.^[3][4]

Biography[link]

Kiriakou was born August 9, 1964 in Sharon, Pennsylvania and raised in New Castle, Pennsylvania, the son of elementary school educators. He is married and has five children.

Education[link]

Kiriakou graduated from New Castle High School in 1982 and attended George Washington University in Washington, D.C., where he earned a Bachelor's degree in Middle Eastern Studies and a Master's degree in Legislative Affairs. Kiriakou was recruited into the CIA by a graduate school professor who had been a senior CIA official.^[5]

CIA career[link]

Kiriakou spent the first eight years of his career as a Middle East analyst specializing on Iraq.^[2] He maintained a Top Secret/Sensitive Compartmented Information security clearance.^[2] He learned Arabic and was assigned to the American Embassy in Manama, Bahrain as an economic officer from 1994-1996.^[2] He returned to Washington, D.C. and went back to work on Iraq until transferring to the CIA's Directorate of Operations in 1998.^[2] He became a counter-terrorism operations officer and served overseas in Athens, Greece, working on Eurocommunist terrorism issues. Kiriakou returned again to CIA Headquarters in 2000.^[2]

Following the September 11 terrorist attacks, Kiriakou was named Chief of Counterterrorist Operations in Pakistan. In that position, he claims to have led a series of raids on al-Qaeda safehouses that resulted in the capture of dozens of al-Qaeda fighters. On the night of March 28, 2002, Kiriakou claims to have led a raid in which Abu Zubaydah, then thought to be al-Qaeda’s third-ranking official, was captured in Faisalabad, Pakistan.^[2] Following a 2002-2004 domestic assignment, Kiriakou resigned from the CIA in 2004.

Over the course of Kiriakou's career, he was awarded 10 Exceptional Performance Awards, a Sustained Superior performance Award, the Counterterrorism Service Medal, and the State Department's Meritorious Honor Award.^[2]

Life after the CIA[link]

Kiriakou next worked as a senior manager in Big Four accounting firm Deloitte & Touche's competitive intelligence practice.^[6] Kiriakou was a terrorism consultant for ABC News from September 2008 until March 2009. Following Senator John Kerry's (D-MA) ascension to the chairmanship of the Senate Foreign Relations Committee in 2009, Kiriakou became the Committee's senior investigator, focusing on the Middle East, international terrorism, piracy, and counter-narcotics issues.^[7] He left the Committee in 2011 to become managing partner of Rhodes Global Consulting, and an Arlington, Virginia-based political risk analysis firm.^[8] He again resumed counter-terrorism consulting for ABC News from April 2011 to April 2012.^[9]He speaks often at Liberty University in Lynchburg, Virginia.

Whistleblowing on Torture[link]

In December 2007 Kiriakou gave an interview to ABC News^[10] where he was described as participating in the capture and questioning of Abu Zubaydah, who is accused of having been an aide to Osama Bin Laden. According to Kiriakou, based on what he had been told by the CIA, it had taken only a single brief instance of waterboarding to extract answers to an interrogator's questions from Abu Zubaydah.

...He was able to withstand the waterboarding for quite some time. And by that I mean probably 30, 35 seconds... and a short time afterwards, in the next day or so, he told his interrogator that Allah had visited him in his cell during the night and told him to cooperate.^[11]

Eventually it became known that Abu Zubaydah had in fact been waterboarded at least 83 times,^[12] and that little or no useful extra information may have been gained by "harsh methods".^[13][14] However, even when Kiriakou was under the mistaken belief from the CIA that Zubayda was waterboarded only once, he acknowledged that even the relatively mild single instance of waterboarding he described constituted a form of torture and expressed reservations about whether the value of the information was worth the damage done to the United States' reputation.

Kiriakou's accounts of Abu Zubaydah's waterboarding, and the relatively mild nature of it, were widely repeated, and paraphrased,^[15][16] and he became a regular guest expert on news and public affairs shows, on the topics of interrogation, and counter-terrorism.

On the second to last page of his 2010 memoir entitled The Reluctant Spy: My Secret Life in the CIA's War on Terror^[2] Kiriakou acknowledged that he was not present during Abu Zubaydah's interrogations, and had no first-hand knowledge of Abu Zubaydah's waterboardings:

I wasn't there when the interrogation took place; instead, I relied on what I'd heard and read inside the agency at the time.^[17][18]

Charged[link]

On Monday, January 23, 2012, Kiriakou was charged with repeatedly disclosing classified information to journalists, including the name of a covert CIA officer and information revealing the role of another CIA employee, Deuce Martinez, in classified activities.^[19][20][21] In addition to leaking the names and roles of CIA officers, Kiriakou was alleged to have lied to the CIA to get his book published.^[22]

On 5 April, he was indicted. The indictment charges Kiriakou with 1 count of violating the Intelligence Identities Protection Act, 3 counts of violating the Espionage Act, and 1 count of making false statements for allegedly lying to the Publications Review Board of the CIA.

See Also[link]

• Chilling Effect
• Thomas Andrews Drake
• Espionage Act of 1917
• Stephen Jin-Woo Kim
• Bradley Manning
• Jeffrey Alexander Sterling

References[link]