The Justice Department’s Misbegotten AIPAC Prosecution
Two members of the American Israel Public Affairs Committee will go on trial for something that is a regular occurrence in Washington.
From time to time I’ve written about some of the more preposterous aspects of the government’s case against former AIPAC (American Israel Public Affairs Committee) officers Steve Rosen and Keith Weissman.
The government alleged that at a June 26, 2003, lunch, a Department of Defense employee, Lawrence Franklin, disclosed classified national defense information related to potential attacks on U.S. forces in Iraq to Rosen and Weissman, who were then employed by AIPAC. Franklin admitted that he’d told the AIPAC employees about Iranian participation in terrorism, asked them to pass the information on to the National Security Council, and sought their help in obtaining a position there from which to make his views known to the administration. He has argued, and there is no evidence to the contrary, that he never intended to harm U.S. interests.
The press has not covered the case extensively — especially after the early lurid accounts of espionage (such charges were never brought) and the guilty plea by Franklin. But I have been watching the blogs of Secrecy News, which has covered the case extensively and has, for the readers’ use, conveniently published the key public documents, including the rulings in the case.
Explaining all the ins and outs of this convoluted case seemed more effort than it was worth. That’s because the case is silly, and it was my expectation that after working so hard at the task the government would finally do what it should have long ago — dismissed the damned thing. Unfortunately, that may not happen. I am informed that the defense counsel presently does not believe that the case will be dropped, because he sees no sign of it. There are few people in place at Justice even to look at it, and they have other, higher priorities. He believes there will be a trial, and that it really will begin on May 27.
Why has this nonsensical case — so harmful to U.S.-Israel relations — continued? Because like the sorcerer’s apprentice, once that first bucket of water is drawn by the first apprentice, it takes real courage for someone to exercise adult supervision and pull the plug on a losing case. So in the long tradition of Washington bureaucrats, the apprentices are allowed to keep doing what they are doing until they lose — even at the expense of wasting ever more resources and creating hard to live with new precedents for the government which employs them.
(Ignoring the sorcerer’s apprentice rule has consequences for the adult involved. See slanders like these against Philip Heymann — former assistant attorney general in charge of the Justice Department’s Criminal Division — that made their way via such apprentices to the press when he wisely dropped a meritless case against then Department of Defense employee Stephen Bryen.)
So in light of that information and the animus against the “Israel lobby” stirred up anew by the withdrawal under fire of Chas Freeman, I will try to explain why this case should not have been brought and why the Department of Justice is stupid to continue it.
1. Why was this case brought?
It has always been a mystery to me that the case which so besmirched the most vocal American Israeli lobbying organization was brought by an administration which proved itself repeatedly as Israel’s best friend. There are indications that the prime mover in this prosecution (the first apprentice in the chain of water bucket carriers) was a man named David Szady, the FBI counterintelligence boss at the time. (Szady’s less than stellar career in that position has been well-documented. After the case was brought, he left government. When I last looked, he was president and CEO of Mixed Martial Arts. He appears to be no longer in the intelligence business.)
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Clarice Feldman is a retired litigation lawyer who lives in D.C. She's a news junkie addicted to the internet.
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27 Comments
1. Marc Malone:This is one of the big gripes I have always had about Bush. He is so draconian in his prosecution outlook. He knows not mercy. It’s his Texas upbringing. As both Governor and President, he has commuted and pardoned less than anyone else, it seems. The fact is, this kind of thing begs for the Prez to step in and call his dogs to heel, preferably firing someone in the process.
Mar 14, 2009 - 1:46 am 2. clarice:The link following Szady’s “less than stellar career” is not working. The correct link is:
Mar 14, 2009 - 5:40 am 3. David Thomson:http://www.americanthinker.com/2006/12/naked_to_our_enemies.html
“It’s his Texas upbringing.”
George W. Bush is also an Ivy Leaguer. He attended Harvard University. At the end of the day, Bush is uncomfortable rebuking “elites.” The whole family feels compelled to give them the benefit of the doubt. Their so-called good intentions are not to be questioned. I remain convinced that this was the number one reason why he let the Justice Department get out of control.
The late Milton Friedman literally said that Ronald Reagan’s biggest mistake was picking George H. W. Bush as his running mate. Friedman strongly believed that the Clinton era would have never occurred had Reagan chosen a more conservative individual. The Bush family has done so much damage. George W. Bush admittedly did a fairly good job defending the country after 9/11. Other than that, though, he was a mediocre president.
Mar 14, 2009 - 6:35 am 4. NYCer:C’mon, guys! You know why this case is being progressed. A good part of DC is leaking military secrets to the Israelis and to Israeli spies. The government has to look like it is doing something.
Mar 14, 2009 - 8:52 am 5. narciso:What’s the name of the sailor(?) serving a life term that the Israelis badgered Bush to release? There was no question he was a spy but the Israelis had/have to keep pushing so as to encourage other spies in the US to work for them.
In fact, as Obama (darling of the New York and Hollywood Jews) strangles Israel, I’m surprised that he has not yet thrown them a bone and released this guy (Tim?). Holder had Willie release PR terrorists to curry support for Hillies Senate run amongst NYC Puerto Ricans, so the tactic isn’t unknown to the Obamans.
No, they support Arabist lobbyists like Mr. Freeman, Malley, & Co, attorney for terrorists like Tony West, at Justice, while they prosecute
Mar 14, 2009 - 9:07 am 6. Shef Rogers:the lone defenders of the only democracy in the region, persecutors of our intelligence officers who worked to keep us safe in the top agencies, It’s a Bizarro world, vision of Govt, but there it is.
This site’s Israel obsession gets more bizarre by the day. So spying is OK now too? Why don’t you just run a big banner reading, “Israel is always right, period” instead of all these articles wasting thousands of words to make that very simple point?
Mar 14, 2009 - 9:42 am 7. clarice:Shef–what spying? An official tells a lobbyist something and the lobbyist tells others. That’s the case. Gossip. Let me put this in the simplest of terms for you—-As the court has noted the govt has to prove that (a) the information was classified(b) the listeners knew this and knew the disclosure was not authorized and (c) told others in order to hurt national interest. None of this appears to be true so it seems the continued expenditure of funds and effort by DoJ is futile and worse–it’s clearly leading to a very restrictive reading of an already creaky and antiquated law with limited application.
You seem to assume there’s a super secrets act in the US but there isn’t–there’s only the Espionage Act and it’s rather evidence that the defendants didn’t violate it.
Mar 14, 2009 - 10:07 am 8. brian mills:in a larger sense i think israeli hawks and their u.s.supporters had better get used to their role totally re-examined. the recent atrocties have sickened the world on israel and the free ride regarding american intelligence and military assistance is going to end.
Mar 14, 2009 - 11:03 am 9. Belladonna Rogers:This article, as well as Ms. Feldman’s comments replying to some readers who have displayed, highly questionable motives, is a work of genius. Ms. Feldman has explained, with exemplary clarity, a complex case. I hope that she will be covering the trial beginning May 27, 2009. Bravissima, Ms. Feldman. Brilliant, clear and perceptive. I have sent this to everyone I know under the subject line, “REQUIRED READING.”
Mar 14, 2009 - 11:14 am 10. Belladonna Rogers:As for the comments of David Thomson (#3), George W. Bush graduated from Phillips Andover Academy in 1964, from Yale College in 1968 and from the Harvard Business School in 1975. There is nothing in his entire record as president to suggest that he was “uncomfortable rebuking the elites.” The vast majority of his key appointments were not “elites” if by that you mean (and I don’t, but Thomson apparently does) alumni of Ivy League schools. Finally, if he were such a loyal Yalie, afraid to rebuke “elites,” he would have pardoned I. Lewis “Scooter” Libby, Jr., Yale ‘72, who fell on his sword for Vice President Cheney, who,like hundreds if not thousands of Yale alumni as well as virtually the entire intelligentsia of the East Coast, sent petitions, private letters and emails to President Bush beseeching him to grant this pardon, which would have permitted Libby to practice law again. I find no evidence in the record of his gubernatorial or presidential administrations that George W. Bush was in the slightest “uncomfortable rebuking elites.”
Mar 14, 2009 - 11:42 am 11. daryl smith:Never in history has such an economically and geographiclly insignificant country like Israel held such sway over a major world power like the U.S. Certainly something for future scolars to puzzle over, like the rest of us do now.
Mar 14, 2009 - 11:57 am 12. scott:To Marc Malone,
My take is Bush had no idea what this case was all about. Similarly he most likely never heard the names Ramos and Campeon untill the last six months or so of his administration and I would not be surprised if at this time he did not know their names but simply signed the piece of paper put before him when his aides told him to.
I don’t think Bush ever grasped more than about 10% of the job of PTOTUS. 10% being the requisite fraction of the required intellect for the job he possesses.
Mar 14, 2009 - 11:57 am 13. maasanova:So all the sudden neocon propagandists are willing to talk about the AIPAC trial. That’s not the story you guys were singing a few years ago when no outlet wanted to touch this story. I don’t remember former AIPAC lobby and Zionist Wolf Blitzer reporting on it.
This writer has selective memory it seems. Israel spies on the US constantly. If it’s not the Urban Moving Systems spy ring on 9/11, it’s the Israeli Art Students spy ring on 9/11.
http://undertheradarmedia.wordpress.com/2008/06/19/urban-moving-systems-the-us-israeli-911-financial-nexus/
To private Israeli companies have a back virtual back door to all US communications. The NSA outsources work to Israel intelligence companies.
Wasn’t there an old man who got indited for spying last year.
Come to think of it, the last people to be executed for treason were Jews who were spying for Russia during the cold war.
Here’s the laundry list of the various times that Israel has spied on the US including Jonathon Pollard.
http://undertheradarmedia.wordpress.com/wp-admin/post.php?action=edit&post=386
Mar 14, 2009 - 12:04 pm 14. clarice:Thank you, Belladonna.
Mar 14, 2009 - 12:15 pm 15. clarice:brian ,your prejudices are rather obvious–but what do you have to say to the argument that the DoJ should drop THIS case because as a matter of law it is unsustainable? Or is it like-um-way too hard–to engage in logical discourse.
Mar 14, 2009 - 12:19 pm 16. Guy P Fraser:Clarice= you are far to gullible
Mar 14, 2009 - 12:37 pm 17. Oscar the Grump:Sheff
Your problem is self evident. If you could learn read you wouldn’t be bothered by the number of words. Instead you would be more interested in their meaning.
brian mills
Mar 14, 2009 - 12:48 pm 18. Oscar the Grump:What will happen will happen. Only fools like you will cheer it on. You will wake up some day and see that this process also includes you. At that point, it will be too late for you to do anything about it. Be a good Islamo/fascist/apologist/jew-hater and drown in your own sh*t.
Sheff
I messed up its suppose d say “learn to read”
thank you have a good day
Mar 14, 2009 - 2:47 pm 19. Oscar the Grump:sorry folks, I’m having a bad spelling day.
Mar 14, 2009 - 2:48 pm 20. Belladonna Rogers:It is your readers who should be thanking you, Clarice. As for (#17) Oscar the Grump, ya just gotta love the guy. And it is truly charming the way (#11) daryl smith spells scholars. It really helps him hit the intellectual home run he was going for.
Mar 14, 2009 - 3:00 pm 21. Curious:Number 4 NYCer:
Mar 14, 2009 - 6:14 pm 22. davod:The name of the sailor serving a life sentence
for “spying for Israel” is Jonathan Pollard.
“don’t think Bush ever grasped more than about 10% of the job of PTOTUS. 10% being the requisite fraction of the required intellect for the job he possesses.”
Silly Billy.
Mar 14, 2009 - 8:38 pm 23. Bernard Makizoi:Well first of all , America must share all its secrets with Israel, because if it doesn’t we have the right to use spies.
Mar 15, 2009 - 2:48 am 24. Render:We will trust no one and grab whatever we like.
The United Kingdom spies on the US, and does so with the approval of US spy agencies.
France spies on the US. Germany spies on the US. South Korea spies on the US. Taiwan spies on the US. All have been caught doing so.
China has more active spies within the US then there are citizens in Israel (Operation Grains of Sand).
Saudi Arabia spies on the US.
All have large and very active lobbies within the US.
===
Commenters #8 and #13 are Jew haters.
I
Mar 16, 2009 - 8:20 am 25. Tara:ACCUSE,
R
In his farewell address, George Washington warned about showing favoritism in our relationships with other nations. I think we made that mistake with Israel; and now we have the entire Arab world to contend with as a result.
Mar 17, 2009 - 8:41 pm 26. Bob Grubman:If there is no case to answer, there’s no harm in having an open trial then is there?
Apr 15, 2009 - 9:55 am 27. hANOVER fIST:Israel spying on the U.S. is more egregious than any other country, since Israel purports to be a friend to America.
It is NOT.
Apr 25, 2009 - 11:47 am