-Caveat Lector-

http://www.washingtonpost.com/wp-dyn/articles/A17274-2001Feb16.html

Clinton Ignored CIA in Pardoning Intelligence Analyst

Clemency for Only Official Convicted of Leaking Classified
Information to Media Draws Criticism

By Vernon Loeb
Washington Post Staff Writer
Saturday, February 17, 2001; Page A06


President Bill Clinton ignored a recommendation from the CIA last
month when he pardoned former Navy intelligence analyst Samuel L.
Morison, the only government official ever convicted of leaking
classified information to the media.

While Clinton's pardon of former CIA director John M. Deutch
caught CIA officials by surprise, the president solicited advance
comment from the agency on the possibility of pardoning Morison,
who leaked three secret spy satellite photographs to Jane's
Defence Weekly in 1984. But Clinton ultimately disregarded the
agency's position and approved a pardon application Morison
submitted to the Justice Department more than two years ago.

"We said we were obviously opposed -- it was a vigorous 'Hell,
no' ," said one senior intelligence official. "We think giving
classified information to people who are unauthorized to receive
it is a bad thing to do and giving pardons to people who are
convicted of doing that sends the wrong signal to people who are
currently entrusted with classified information."

The Senate Select Committee on Intelligence this week launched an
inquiry into both intelligence-related pardons, asking CIA
Director George J. Tenet in a letter whether he or anyone else in
the U.S. intelligence community had advance knowledge that
Clinton was considering pardoning either Deutch or Morison.

Sen. Richard C. Shelby (R-Ala.), the committee chairman,
expressed particular concern about Clinton's decision to pardon
Deutch without informing federal prosecutors, who had just
finished negotiating a plea agreement with the former spy chief
over the mishandling of classified information on unsecure home
computers.

The agreement -- nullified by the pardon -- called for Deutch to
plead guilty to a misdemeanor for the retention of classified
information and to pay a $5,000 fine. It remains unclear whether
Deutch asked for a pardon or whether Clinton acted on his own.

After Clinton issued 176 pardons and commutations on Jan. 20, his
last day in office, Shelby and Rep. Porter J. Goss (R-Fla.),
chairman of the House Permanent Select Committee on Intelligence,
sharply criticized the Deutch and Morison pardons.

Pardoning the only government official ever convicted of leaking
classified information, the intelligence chairmen said, would do
nothing to stop a torrent of media leaks in Washington. Indeed,
Shelby said the pardon only underscores the need for new
legislation explicitly criminalizing leaks.

But civil libertarians and First Amendment advocates lauded
Clinton for pardoning Morison, arguing that the Reagan
administration had inappropriately turned Morison's 1984 leak
into a test case of whether the espionage statutes applied to
unauthorized disclosures to the media.

"The pardon itself was an act of moral courage," said Steven
Aftergood, director of the Federation of American Scientists'
project on government secrecy. "The president had nothing to gain
by granting the pardon. The action was only going to irritate
hard-liners in Congress and the intelligence community."

By pardoning Morison, Aftergood said, Clinton struck a blow for
press freedom with a move that could make it difficult for
prosecutors to convict government officials for media leaks in
the future.

"There's been one and only one [successful] prosecution of leaks
to the media -- and now there's been a pardon," Aftergood said.
"It sends a signal that this is not something that should be
prosecuted."

Reached at his home in Crofton, Md., Morison said yesterday in an
interview that he was wrong to leak satellite photos of a Soviet
aircraft carrier to Jane's. But he said he did so to alert the
public that the Soviet Union was preparing to vastly expand its
naval reach, and that he took no payment for the photographs.

Morison, 56, the grandson of famed naval historian Samuel Eliot
Morison, said he is gratified by the pardon. "My family is very
appreciative -- it removes a stigma," Morison said. "And if you
know my family, that means a lot."

� 2001 The Washington Post Company

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