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,. •Print Article-American prospoOnliJ;le·<br />

o<br />

Page 6 of6<br />

House demand the evidence be made public. "Pm increasingly c,oncemed about the l~a~s<br />

spinning offfrom the Franklin affair,u Rubin wrote. celt was bad enough when the White House<br />

rewarded the June 15,2003, leak oy canceling conside~ation ofthe NSPD. Itshowed the State<br />

Department that leaks could supplant real debate.... Bureaucratic rivalries are out ofcontrol. u<br />

Rubin's memo showed up in a similar form almost a month later in the op-ed pages ofThe<br />

Washington Times under the byline ofNational Review staffer Joel Mowbray, and echoes ofit can<br />

be seen in the pages ofthe neocon-friendly Jerusalem Post.<br />

Meanwhile, FranKlin was involved in some pushback ofhis own. In late August, the Franklin case<br />

was referred from Szady to U.S. Attorney Paul J. McNulty, a Bush-Ashcroft appointee who heads<br />

the U.S. District COU!! for the Eastern District ofVirginia. A grand jury was seated on the case in<br />

September and had subpoenaed at least some witnesses to testify about Franklin. Then, on<br />

October 1, The New York Sun reported that Franklin had fired his court-appointed attorney (whom<br />

he had·presumably retained for financial reasons), halting grand-jury proceedings while he found<br />

new couns~l. On October 6, the Los Angeles Times reported that Franklin had stopped cooperating<br />

with the FBI entirely. He had hired ~ high-profile lawyer, Plato Cacheris (ofAldrich Ames and'<br />

Robert Hanssen fame), and had rejected a proposed plea agreement whose terms Franklin<br />

considers "too onerous,u according to the Los Angeles Times.<br />

Who pushed Franklin -- who for months seemed vulnerable -- to stop'cooperating? And wQo is<br />

paying for his expensive new lawyer? At this writing, we do not know, Also unknown is the<br />

status ofthe larger FBI counterintelligence probe ofalleged Israeli espionage into which Franklin<br />

stumbled. But we do know that his recent decisions would seem to immensely help any ofthe<br />

people against whom he could have testified. At least for now, that~s a rQund won by a clique<br />

intent on pushing freelance crypto-diplomacy to its limits.<br />

Laura Rozen reports onforeign-policy and national-security issuesjrom Washington, D,C. Jason<br />

Vest is a Prospect senior correspondent.<br />

'<br />

Copyright © 2004 by The American Prospect, Inc. Preferred Citation: Laura Rozen and Jason<br />

yest, "Cloak and Swagg~r'_',_The ~f!lerican Prosnect OnUne,_Nov 1, 2Q04, This article may not be<br />

resold" reprinted, or redistributed for compensation ofany kind without prior written permission<br />

from the author.'Direct questions about permissions to nermissions@nrosnect.org.<br />

. .<br />

file://C:\Documents%20and%20Settings\sdouglas\Local%20Settings\Temporary%20Inte... 10/22/2004

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