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SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2009, Issue No. 102
December 18, 2009

Secrecy News Blog:  http://www.fas.org/blog/secrecy/

Support FAS Secrecy News:
http://www.fas.org/member/donate_today.html<http://fas.org/member/donate_today.html>
Direct your donation to "Government Secrecy"


**      FBI LINGUIST LEAKED CLASSIFIED DOCS TO BLOGGER


FBI LINGUIST LEAKED CLASSIFIED DOCS TO BLOGGER

An Israeli-American attorney who worked for the FBI as a translator pled
guilty yesterday to unlawfully disclosing five classified FBI documents to
an unidentified blogger last April, who then published information from the
documents on his blog, the Justice Department
announced<http://www.fas.org/irp/news/2009/12/doj121709.html>
.

In a signed plea
agreement<http://www.fas.org/irp/news/2009/12/skleibowitz-plea.pdf>(pdf),
Shamai Leibowitz stipulated that he had "knowingly and willfully
caused five documents, which were classified at the Secret level and
contained classified information concerning the communication intelligence
activities of the United States, to be communicated... to a person not
entitled to receive classified information ('Recipient A').  Recipient A was
the host of a public web log ('blog') available to anyone with access to the
Internet."

"Recipient A then published on the blog information derived from the
classified documents provided to Recipient A by Leibowitz.  As a result of
these disclosures, intelligence sources and methods related to these
documents were compromised," the plea
agreement<http://www.fas.org/irp/news/2009/12/skleibowitz-plea.pdf>said.

Recipient A was not named, and has evidently not been charged with any
misconduct.  Leibowitz was charged under 18 U.S.C.
798<http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000798----000-.html>,
which prohibits unauthorized disclosure of communications intelligence
information.

"The willful disclosure of classified information to those not entitled to
receive it is a serious crime,"
said<http://www.fas.org/irp/news/2009/12/doj121709.html>David Kris,
Assistant Attorney General for National Security. "Today’s
guilty plea should serve as a warning to anyone in government who would
consider compromising our nation’s secrets."

Prosecutors credited Mr. Leibowitz for his "apparent prompt recognition and
affirmative acceptance of personal responsibility for his criminal conduct"
as well as his "timely notification of his intention to plead guilty." Based
on those and other factors, they proposed a sentence of 20 months
imprisonment.

Though it has no bearing on the case, Mr. Leibowitz happens to be the
grandson of Yeshayahu
Leibowitz<http://en.wikipedia.org/wiki/Yeshayahu_Leibowitz>(1903-1994),
a renowned Israeli scientist, orthodox Jewish philosopher,
polemicist and political activist.

The case was first reported in "Israeli lawyer & peacenik guilty of leaking
FBI 
secrets"<http://www.politico.com/blogs/joshgerstein/1209/Israeli_lawyer__peacenik_guilty_of_leaking_FBI_secrets.html>by
Josh Gerstein in Politico, December 17.  Laura Rozen, also writing
in 
Politico<http://www.politico.com/blogs/laurarozen/1209/Israeli_FBI_linguist_pleas_to_docs_leak.html>,
provided additional background and proposed speculatively that Leibowitz's
disclosures were behind an April 16, 2009
story<http://www.nytimes.com/2009/04/16/us/16nsa.html>in the New York
Times on NSA's "overcollection" of domestic intelligence.


_______________________________________________
Secrecy News is written by Steven Aftergood and published by the Federation
of American Scientists.

See also "Reducing Government Secrecy: Finding What Works" by Steven
Aftergood, Yale Law and Policy Review, vol. 27, no. 2, Spring 2009:
     http://www.fas.org/sgp/eprint/aftergood.pdf

The Secrecy News Blog is at:
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_______________________
Steven Aftergood
Project on Government Secrecy
Federation of American Scientists
web:    www.fas.org/sgp/index.html
email:  [email protected]
voice:  (202)454-4691

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