Did DOJ Ratchet Up the Charges Against Kiriakou Because of Poland Investigation?

When John Kiriakou was first charged with espionage, he was charged with four counts:

  • Leaking Covert Officer A’s identity under IIPA section B
  • Leaking Deuce Martinez’ identity under defense information clause of Espionage Act
  • Leaking Deuce Martinez’ tie to the torture program under defense information clause of Espionage Act
  • Lying to the CIA’s Publication Review Board; falsifying a material fact

In today’s indictment, Kiriakou was charged with five counts:

  • Leaking Covert Officer A’s identity under IIPA section A
  • Leaking Covert Officer A’s tie to the torture program under defense information clause of Espionage Act
  • Leaking Deuce Martinez’ identity under defense information clause of Espionage Act
  • Leaking Deuce Martinez’ tie to the torture program under defense information clause of Espionage Act
  • Lying to the CIA’s Publication Review Board; falsifying a material fact

Not only did they ratchet up the IIPA violation to one that carries a 10 year, as opposed to a 5 year, penalty, but they also added a violation of the Espionage Act tied to Covert Officer A’s ties to the torture program.

This is likely designed to punish Kiriakou for refusing to accept their plea deal.

But I also wonder whether it’s not a response to the reports that Poland will file charges against the officials who helped the CIA set up its torture prison in that country.

According to the complaint, the torture investigators never did anything with Covert Officer A’s identity (which they got via the journalist to whom Kiriakou provided the information). The FBI officer who wrote the affidavit wrote,

Neither Journalist A nor any other journalist to my knowledge has published the name of Covert Officer A.

The IIPA violation doesn’t require any intent of damage. Intentionally leaking the identity is enough. But the Espionage charge does:

Whoever, lawfully having possession of, access to, control, or being entrusted with any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted or attempts to communicate, deliver, transmit or cause to be communicated, delivered or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it on demand to the officer or employee of the United States entitled to receive it; [my emphasis]

That is, to make the Espionage charge tied to Covert Officer A stick, they’re going to have to prove that Kiriakou had reason to know that leaking his name (to a journalist, but ultimately, to lawyers for people who had been tortured by Covert Officer A) “could be used to the injury of the United States.”

Are they really preparing to argue that helping men mount a fair defense in court injures the United States? That ensuring our legal system works the way it is supposed to work, rather than the way the kangaroo courts at Gitmo have been set up, hurts this country?

Or, alternately, are they going to build their “injury” theory on the Polish tie–on Deuce Martinez’ and (possibly) Covert Officer A’s involvement on Polish soil (if he was, in fact, there)?

They may well just be punishing Kiriakou for putting them to the trouble of involving journalists and CIPA and exposure of their torture program. But I wouldn’t be surprised if they pointed to Poland’s disinterest in cooperating in any more illegal covert activities with us as the “injury” that Kiriakou’s alleged leaks have cause.

Tweet about this on Twitter11Share on Reddit0Share on Facebook8Google+0Email to someone

5 Responses to Did DOJ Ratchet Up the Charges Against Kiriakou Because of Poland Investigation?

  • 1
  • 2
  • 3
  • 4
  • 5

Emptywheel Twitterverse
bmaz RT @cody_k: Gotta love dolts that come around sticking Smith v. Maryland in my face like I couldn't possibly have ever seen it in this nat…
2hreplyretweetfavorite
bmaz RT @MiroCollas: Cat entertains himself with head-mounted laser pointer. http://t.co/GW5CFZllhB LMAO! Evil!!
2hreplyretweetfavorite
bmaz @cody_k Kind of surprised it took Cesca 17 hours to hop on that. He's slipping!
3hreplyretweetfavorite
bmaz RT @cody_k: Right on cue... here comes govt leak prosecutor @bobcesca_go to the rescue. @cenkuygur
3hreplyretweetfavorite
bmaz @NSCPress @JasonLeopold I ask again: When is 60 days up on a continuously rolling and evolving set of WPR "Notifications" for same conflict?
3hreplyretweetfavorite
bmaz @VBalasubramani I knew there would be negative effects from the legalization of pot up there!
3hreplyretweetfavorite
bmaz @JamesFallows His strokes would still be all time world class great. But he would be pretty annoying.
6hreplyretweetfavorite
JimWhiteGNV @litbrit What I found on those McCain pics: http://t.co/hO60jHA93E
6hreplyretweetfavorite
bmaz @pbump Gotta say, between those and the Reefer Madness type of drug videos, it was hard to take growing up seriously.
6hreplyretweetfavorite
bmaz @pbump Ohio State Highway Patrol had a whole series of gruesome videos. They still showed them in mid 70s when I took driver's ed. Bleech.
6hreplyretweetfavorite
bmaz RT @mattdpearce: I've updated my story on the Darren Wilson donations. One fundraiser is a Missouri Democrat running for state senate: http…
7hreplyretweetfavorite
JimWhiteGNV RT @CJonesScout: Looking at the Eastern Michigan football roster has produced some interesting results. http://t.co/JdR4JVSje5
7hreplyretweetfavorite
April 2012
S M T W T F S
« Mar   May »
1234567
891011121314
15161718192021
22232425262728
2930