Wednesday, March 4, 2015

More on the Petraeus Deal

[L]ast year, after a five-year standoff with federal prosecutors, Stephen Kim, a former State Department official, pleaded guilty to one count of violating the Espionage Act when he discussed a classified report about North Korea with Fox News reporter James Rosen in 2009. Kim did not hand over a copy of the report — he just discussed it, and nothing else — and the report was subsequently described in court documents as a “nothing burger” in terms of its sensitivity. Kim is currently in prison on a 13-month sentence.

“The issue is not whether General Petraeus was dealt with too leniently, because the pleadings indicate good reason for that result,” said Abbe Lowell, who is Kim’s lawyer. “The issue is whether others are dealt with far too severely for conduct that is no different. This underscores the random, disparate and often unfair application of the national security laws where higher-ups are treated better than lower-downs.”

In 2013, former CIA agent John Kiriakou pleaded guilty to violating the Intelligence Identities Protection Act by disclosing the name of a covert CIA officer to a freelance reporter; he was sentenced to 30 months in jail. Kiriakou’s felony conviction and considerable jail sentence — for leaking one name that was not published — stands in contrast to Petraeus pleading guilty to a misdemeanor without jail time for leaking multiple names as well as a range of other highly-sensitive information.

Kiriakou, released from prison earlier this year, told The Intercept in an emailed statement, “I don’t think General Petraeus should have been prosecuted under the Espionage Act, just as I don’t think I should have been prosecuted under the Espionage Act. Yet only one of us was. Both Petraeus and I disclosed undercover identities (or confirmed one, in my case) that were never published. I spent two years in prison; he gets two years probation.”

  The Intercept
...but hey, do what you want...you will anyway.

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