United States v. Franklin, Rosen, and Weissman

United States v. Franklin, Rosen, and Weissman was a 2000s era court case in the United States. The government prosecuted one government employee (Franklin) and two lobbyists (Rosen & Weissman) for allegedly disclosing national defense information to persons 'not entitled' to have it, a crime under the Espionage Act of 1917 (18 U.S.C. § 793). It is one of the few Espionage Act cases of its kind, targeted not at traditional espionage or sedition but at the common practice of information leaking in Washington DC. The cases against Rosen and Weissman were also unusual because this aspect of the Espionage act had rarely (if ever) been used against non-government individuals.[1]

Contents

Background

See main article: Lawrence Franklin espionage scandal

Larry Franklin worked for the Department of Defense at the Pentagon. Steve J. Rosen and Keith Weissman were lobbyists for the American Israel Public Affairs Committee, a lobbyist group. Rosen had worked at RAND Corporation and began work for AIPAC in 1982. Weissman started AIPAC work in 1993 and was an Iran expert. Franklin met Rosen and Weissman circa 2002 and they began exchanging information.[2][3]

By 2003 the FBI had been investigating Rosen for a long time. The government flipped Franklin some time before 2003; he became convinced by the FBI that Rosen and Weissman were doing bad things. Franklin started wearing wires to get evidence against Weissman and Rosen, including a 2003 meeting where he leaked fake information about a planned killing of Israelis, which Rosen took and gave to Israeli diplomats and the media.[4] In 2004 the government raided AIPAC offices. The government alleged the information the three transferred was related to the national defense and otherwise violated 18 U.S.C. § 793[2][3]

Indictment Timeline

The indictment contains a timeline of events it alleges to have occurred; a description of the conspiracy that it claims happened. From 1999 to 2004, it details occasions and circumstances in which Franklin gave information to Rosen & Weissman, and also in which Rosen & Weissman then gave information to several people. The people are referred to in code, as well as in general terms. These include "Foreign Official 1", 2, and 3, 'AIPAC employees', 'a foreign national', 'foreign nation A', 'a member of the media' (multiple occasions), 'an employee of a think tank' etc. etc. It also lists occasions where Rosen and Weissman allegedly gave false statements to the FBI about Franklin.[2]

Indictment

Government lawyers: James L Trump, Paul J. McNulty (US Attorney), Kevin V Di Gregory (US Attorney, Criminal Division), Neil Hammerstrom (US Attorney, Terrorism and National Security), Thomas Reilly (US DOJ). Later, Dana Boente.

Larry Franklin counsel: Plato Cacheris, John Francis Hundley[5]

Rosen counsel: Erica Emily Paulson, Joseph John McCarthy[5]

Weissman counsel: John N Nassikas, III , Baruch Weiss[5]

Legal princples

Several legal principles were expounded upon regarding the relevant sections of the Espionage Act. Judge T. S. Ellis III had several notable opinions:[6]

Other notable features:

Result

See also

External links

References

  1. ^ a b U.S. to drop spy case against Pro-Israel Lobbyists, Neil A Lewis, David Johnston, New York Times May 1, 2009
  2. ^ a b c d e f US vs Franklin, Rosen, & Weissman, 2005, US District Court for the Eastern District of Virginia, Grand Jury Indictment.
  3. ^ a b c AIPAC Decision a Victory, With Qualifiers, 2009 May 8, Ron Kampeas, New Jersey Jewish Standard
  4. ^ a b Once Labeled An AIPAC Spy, Larry Franklin Tells His Story, Nathan Guttman, July 10, 2009, The Jewish Daily Forward
  5. ^ a b c Criminal Docket for case #: 1:05-cr-00225-TSE-ALL (US v Franklin) , medialaw.org
  6. ^ a b c d e A Troubling Prosecution; United States v. Rosen has its thorns. Michael Berry, AUGUST 21, 2006, National Review
  7. ^ a b Hearing on Reduction of Sentence for Lawrence A. Franklin, June 11, 2009, US Dist. Ct., from fas.org, p 33, 37, 41, etc
  8. ^ a b c d Government drops charge in United States v. Rosen that two lobbyists criminally received leak of classified `national defense information Newspaper Association of America, 2009 June 23
  9. ^ See Ellis' decisions