Leaky Espionage Act Violating Former CIA Officer Could Face Long-Ass Prison Term
Posted: May 11, 2015 Filed under: Crime & Corruption, Global, Law & Justice, War Room | Tags: Central Intelligence Agency, Condoleezza Rice, David Petraeus, Federal Bureau of Investigation, Iran, James Risen, John Kiriakou, Leonie Brinkema, Missouri, O'Fallon, Paula Broadwell 2 CommentsALEXANDRIA, Va. (AP) — A former CIA officer convicted of leaking details of a secret mission to thwart Iran’s nuclear ambitions is making his final pitch for a lenient sentence.
Jeffrey Sterling of O’Fallon, Missouri, is scheduled for sentencing Monday afternoon in federal court near Washington.
He faces a recommended sentence of 20 years or more under federal sentencing guidelines for violations of the Espionage Act. A jury convicted him of telling New York Times journalist James Risen about a classified plan to trick the Iranian government by slipping flawed nuclear blueprints through a Russian intermediary. Read the rest of this entry »
Laurence H. Silberman: The Dangerous Lie That ‘Bush Lied’: ‘Some Journalists Still Peddle This Canard As If It Were Fact’
Posted: February 8, 2015 Filed under: History, Mediasphere, War Room, White House | Tags: 2003 invasion of Iraq, al Qaeda, Central Intelligence Agency, Condoleezza Rice, Iraq War, James Risen, Nuclear weapon, Operation Merlin, Saddam Hussein, United States 7 CommentsMr. Silberman, a senior federal judge on the U.S. Court of Appeals for the District of Columbia, was co-chairman of the Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction.
Laurence H. Silberman writes: In recent weeks, I have heard former Associate Press reporter Ron Fournier on Fox News twice asserting, quite offhandedly, that President George W. Bush“lied us into war in Iraq.”

Laurence H. Silberman
“It is astonishing to see the ‘Bush lied’ allegation evolve from antiwar slogan to journalistic fact.”
I found this shocking. I took a leave of absence from the bench in 2004-05 to serve as co-chairman of the Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction—a bipartisan body, sometimes referred to as the Robb-Silberman Commission. It was directed in 2004 to evaluate the intelligence community’s determination that Saddam Hussein possessed WMD—I am, therefore, keenly aware of both the intelligence provided to President Bush and his reliance on that intelligence as his primary casus belli. It is astonishing to see the “Bush lied” allegation evolve from antiwar slogan to journalistic fact.
The intelligence community’s 2002 National Intelligence Estimate (NIE) stated, in a formal presentation to President Bush and to Congress, its view that Saddam had weapons of mass destruction—a belief in which the NIE said it held a 90% level of confidence. That is about as certain as the intelligence community gets on any subject.

(AP Photo/Gerald Herbert)
Recall that the head of the intelligence community, Central Intelligence Agency Director George Tenet, famously told the president that the proposition that Iraq possessed WMD was “a slam dunk.”
“The Right believes, not without some reason, that the main reason we ended up with a disastrous Obama-Pelosi-Reid triumvirate
government — the brief years of which imposed damage that will take much longer to undo — had to do with the foreign policy of George W. Bush and the fiscal incontinence of congressional Republicans during the Bush years.”
Our WMD commission carefully examined the interrelationships between the Bush administration and the intelligence community and found no indication that anyone in the administration sought to pressure the intelligence community into its findings.
“As I recall, no one in Washington political circles offered significant disagreement with the intelligence community before the invasion. The National Intelligence Estimate was persuasive—to the president, to Congress and to the media.”
— Laurence H. Silberman
As our commission reported, presidential daily briefs from the CIA dating back to the Clinton administration were, if anything, more alarmist about Iraq’s WMD than the 2002 National Intelligence Estimate. Read the rest of this entry »
Risen: Obama Administration is this Generation’s ‘Greatest Enemy of Press Freedom’
Posted: March 24, 2014 Filed under: Mediasphere, Politics, White House | Tags: Adam Liptak, Chuck Schumer, CNN, First Amendment to the United States Constitution, James Risen, Jeffrey Toobin, New York Times, New Yorker 2 CommentsAndrew Beaujon writes: “It won’t take me long to alienate everyone in the room,” Jeffrey Toobin told an audience in New York Friday. “For better or worse, it has been clear there is no journalistic privilege under the First Amendment.”
“The administration wants to “narrow the field of national security reporting,” Risen said, to “create a path for accepted reporting.’ Anyone journalist who exceeds those parameters, Risen said, ‘will be punished.'”
The New Yorker staff writer and CNN commentator was appearing on a panel as part of a conference called Sources and Secrets at the Times Center. A lot has already been written about the conference (links below), so I’m going to pull out a theme that appears again and again in my notes: How much protection do reporters really have with regard to sources, and how much, if any, protection would a federal shield law give them?
New York Times reporter James Risen, who is fighting an order that he testify in the trial of Jeffrey Sterling, a former CIA officer accused of leaking information to him, opened the conference earlier by saying the Obama administration is “the greatest enemy of press freedom that we have encountered in at least a generation.” The administration wants to “narrow the field of national security reporting,” Risen said, to “create a path for accepted reporting.” Anyone journalist who exceeds those parameters, Risen said, “will be punished.”
The administration’s aggressive prosecutions have created “a de facto Official Secrets Act,” Risen said, and the media has been “too timid” in responding.
Obama, Holder, Journalists, and Their Sources
Posted: August 31, 2013 Filed under: Mediasphere, War Room | Tags: Attorney general, Bradley Manning, Eric Holder, Espionage Act of 1917, James Risen, Julian Assange, Sterling, WikiLeaks Leave a commentIn October, DreamWorks plans to release “The Fifth Estate,” an international thriller about WikiLeaks. The director is Bill Condon, who made two of the “Twilight” vampire movies; Benedict Cumberbatch plays Julian Assange. Sure to follow are studio imaginings of the Edward Snowden affair, which looked script-ready the minute the N.S.A. contractor surfaced in Hong Kong with a hard drive full of secrets and a baby face lined with stubble.
Assange and Snowden style themselves as philosopher-rebels in the age of Big Data, and, over all, their disclosures of state secrets have served the public interest. But the glamorization of their radicalism is a distraction. In American courthouses this summer, a vitally important, yet much more subdued, struggle over the First Amendment’s scope is taking place between the Obama Administration and the press. At issue is whether the Administration will fulfill a recent pledge to end its heavy-handed pursuit of professional journalists’ sources.