Thursday, May 5, 2005

Defense Department Analyst Charged

The Department of Justice charged a defense department analyst with disclosing classified information.  The DOJ, Criminal Division, Press Release states that:

"The criminal complaint and an accompanying FBI affidavit, filed at U.S. District Court in the Eastern District of Virginia, alleges that on June 26, 2003, Franklin had lunch at a restaurant in Arlington, Virginia with two individuals. At the lunch, Franklin allegedly disclosed classified information designated Top Secret related to potential attacks upon U.S. forces in Iraq to the two individuals, neither of whom had the security clearance to receive that information. Franklin allegedly told the two individuals that the information was “highly classified” and asked them not to “use” it."

The press release also states:

"The complaint further alleges that Franklin disclosed, without authorization, classified U.S. government information to a foreign official and members of the news media on other occasions. In addition, according to the FBI affidavit, approximately 83 separate classified U.S. government documents were found during a search of Franklin’s West Virginia home in June 2004. The dates of these documents spanned three decades, and at no time was Franklin’s house an authorized location for the storage of classified U.S. government documents."

The criminal complaint can be found here. Alleged is a violation of 18 U.S.C. 793(d). The names of the two individuals that Franklin allegedly disclosed classified information to, are not disclosed on the criminal complaint.   In cases involving drugs or national security, one sometimes finds the government  keeping confidential the names of individuals who may be cooperating with law enforcement or may be witnesses.  This is less common to the typical white collar case.

(esp)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2005/05/defense_departm.html

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