The case stank to high heaven from the get-go, and now the charges have been dropped.
The Justice Department has informed two former employees of the American Israel Public Affairs Committee that it will be dropping charges against them for mishandling classified information.
What exactly were they charged with? Well, nothing.
The indictment indicates the FBI asked for and received a special warrant under the Foreign Intelligence Surveillance Act to monitor the AIPAC lobbyists. While they were charged under the 1917 Espionage Act, the counts against them specifically did not allege they were agents of a foreign power.
These were bogus charges to begin with, and the suspicion is that there is someone in the FBI who has a serious problem with Jews. The two AIPAC reps were charged under a WWI-era law that no one really uses anymore:
Despite the suggestive tenor of the indictment, prosecutors have not accused either man of spying. Rather, the government has charged them under an old and vaguely worded law that prohibits people in possession of such information from disclosing it further.
The reach of this law, which dates from the World War I era, has never been clear. By its terms, it would seem to require every person to protect the government’s secrets — a principle hardly in keeping with the American system of robust public debate. While it is reasonable for the government to demand that its employees and contractors protect the information it entrusts to them, it’s not okay to criminalize discussions among people who do not work, directly or indirectly, for the government. Traditionally, the government has treaded carefully with this law, using it sparingly even against government employees.
And this is how the law was used:
Prosecutors also would make it a crime for private citizens to receive improper leaks — though their brief denies it. In one count, the government charges the AIPAC officials with conspiring with their source, former Pentagon official Lawrence A. Franklin, to have him disclose information to them — and then to disclose it further. In a separate count, Mr. Rosen is charged with aiding and abetting Mr. Franklin’s leak to him by providing a fax number to which to send the material. If this is a crime, then journalists and congressional staffers could be as vulnerable as people who wrongly provide information to a foreign power.
Of course the case was tossed. The government had no evidence. Steve Rosen and Kenneth Weissman are suing AIPAC, who dumped the two men as soon as the charges were announced, instead of supplying a defense that was deserved. The government’s case may be over, but the lawsuit remains. Expect the enemies of Jews and Israel, however, to trumpet this as another supposed proof of dual loyalties.
I have no legal training, so my opinion probably is worthless. However, it’s too bad they can’t sue the Justice Department as well as AIPAC, but I assume that the US has some form of sovereign immunity. Bureaucrats, who authorize criminal charges which ultimately are proven to be without merit, should be forced to reimburse the defendants for all defence expenses incurred.
Unfortunately, the government has the right to refuse to allow itself to be sued.