(2 pm. – promoted by ek hornbeck)
Former Director of the CIA and four star general David H, Patraeus has reached a plea deal with the Department of Justice for passing classified information to his mistress in exchange for sexual favors. He will plea to one misdemeanor count of unauthorized removal and retention of classified material and a $40,000 fine. No jail time.
This is what he handed his girlfriend:
The Justice Department and Federal Bureau of Investigation alleged back in 2012 that Petraeus gave secret information to Paula Broadwell, but the seriousness of the information wasn’t clear until now.
While he was commander of coalition forces in Afghanistan, Petraeus “maintained bound, five-by-eight inch notebooks that contained his daily schedule and classified and unclassified notes he took during official meetings, conferences and briefings,” the U.S. Attorney’s Office for the Western District of North Carolina writes in a statement of fact regarding the case.
The notebooks had black covers with Petraeus’s business card taped on the front of each of them.
All eight books “collectively contained classified information regarding the identifies of covert officers, war strategy, intelligence capabilities and mechanisms, diplomatic discussions, quotes and deliberative discussions from high-level National Security Council meetings… and discussions with the president of the United States.”
The books also contained “national defense information, including top secret/SCI and code word information,” according to the court papers. In other words: These weren’t just ordinary secrets. This was highly, highly classified material.
Besides lying to the FBI twice, this man compromised lives of undercover operatives, the troops operating in the field and national security and all he gets is a slap on the wrist. Pater Maas, writing at The Intercept, says that this deal reveals a two tiered justice system for leaks. He cites the penalties handed down to other defendants who did far less than the general:
For instance, last 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. [..]
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. [..]
In 2013, Army Private Chelsea Manning, formerly known as Bradley Manning, pleaded guilty to violating the Espionage Act by leaking thousands of documents to Wikileaks, and she was sentenced to 35 years in prison. Manning received a harsh sentence even though then-Defense Secretary Robert Gates said in 2010 that the leaks had only “modest” consequences.
In an interview at The Guardian, Pentagon Papers leaker, Daniel Ellsberg commented on Edward Snowden and former CIA analyst Jeffery Sterling:
The factual charges against [Edward Snowden] are not more serious, as violations of the classification regulations and non-disclosure agreements, than those Petraeus has admitted to, which are actually quite spectacular. [..]
Jeffrey Sterling, a former CIA officer, was also just convicted of leaking classified information to New York Times journalist James Risen last month, “having first revealed it to Congress, as I did”, according to Ellsberg. Sterling was convicted of felony counts under the Espionage Act, and faces sentencing at the end of April. Ellsberg says Sterling’s “violations of security regulations were in no way more serious than what Petraeus has now admitted to”, and that, while it’s too late to do anything about his conviction, the judge should take the Petraeus plea bargain into account at his sentencing.
“If disclosing the identities of covert agents to an unauthorized person and storing them in several unauthorized locations deserves a charge with a maximum sentence of one year,” Ellsberg said, “then Edward Snowden should face not more than that same one count.”
As in the past when those in power violate the law and lie to congress and the FBI there are little to no consequences. So much for the Obama administration’s respect for the rule of law.
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