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Defense For AIPAC SPY: Suspe~~s:
Haaretz.com
OS:33
By Josh Gerstein
November 3, 2008
Data At Cor~ Of~ase y.I~s Not.Really tT~p Secretl
RICHMOND, VA -- The defense oftwo pro-Israel lobbyists accused ofillegally obtaining and
disclosing American national security secrets will argue that some ofthe data the men allegedly
conspired to reveal came directly from the Israeli government and was not truly secret, defense lawyers
told a federal appeals court last week.
Three judges from the U.S. Court ofAppeals spent mo~e than 90 minutes Wednesday wrestling with the
issue of~ow much classified information the defense should be pennitted to introduce in the case of
Steven Rosen and Keith Weissman, former employees ofthe American Israel Public Affairs Committee
(AlPAC). The beginning ofthe unusual court session was held in public, but the lawyers and the judges
retreated behind closed doors in a specially-cleared and guarded courtroom to discuss the most sensitive
aspects ofthe case about halfway through the hearing. As they waited for the arguments to begin,
defense lawyers leafed through fat binders marked i~ orange with the words, "TOP SECRET."
Rosen and Weissman were indicted in 2005 on charges that they gathered secrets from U.S. officials
and passed the 90nfidential information to journalists, Israeli diplomats and others in violation ofthe
United States Espionage Act. Rosen and Weissman are not charged with receiving or distributing any
classified documents, but solely with relaying information orally. Some-free speech advocates have
argued that what the two men allegedly did is not much different from what journalists do every day.
Prosecutors have indicated that covert wiretaps captured the men acknowledging they knew the·data was
classified.
Trial dates for the pair, who were fired from AlPAC, have been repeatedly canceled as wrangling
dragged on.over what classified information could be revealed at trial, which could take place as soon as
February. A parade.ofprot:Uinent witnesses are expected, including Secretary ofState Condoleezza
Rice, fonner U.S. Army General Anthony Zinni and leaders ofU.S.-based pro-Israel groups. Rosen
and Weissman, who have pled not guilty, face the possibility oflengthy prison terms ifconvicted. A
Pentagon analyst who admitted leaking information to the duo, Lawrence Franklin, was sentenced to
more than 12 years in prison and is cooperating with prosecutors. .
The government filed the appeal last week, arguing that the trial judge, T.S. Ellis lIT, erred when he
ruled the defense was entitled to use a classified State Department document and another from the
Federa. Bureau o(InyestigatiQn. "That information is not actually relevant to the crim~ that was
charged," an attorney in the Justice_Department's counterespionage. section, Thomas Reilly, told the
judges. Rosen's attorney, Abbe Lowell, said the State Department document shows that Israel was
circulating the intelligence reports Rosen is accused ofdisclosing to 9ther AlPAC employees and a
foreigner not named in the indictment. "You have to be able to prove what the Israelis knew," Lowell
said. "In our defense, it is important that this infonnation,· discussed down the .line by,our client, is
Israel-based."
Lowell did not detail the Israeli information in the open session, but declassified court records .indicate
the document describes intelligence about the Karine A, a ship seized by Israel in 2002 in the Red Sea.
Israel sai~ the vessel was loaded with rifles, anti-tank missiles,·rockets, mortars and other weapons
destined for the Gaza Strip. Sources close to the case said the State Departinent memo relates to a
briefing Israeli Gen. Yossi KUp'erw~ser_gave.American.diplomats.aboutiheJ{atjlle A du~n!l a trip to
Washington in January, 2002. lRosen.gQt.a.similar_briefing.from Kupe[Wa§!~rJhe.satTI~ d!y~ - /J.. ~
Lowell suggested that the State Department memo was nearly identical to a note Rosen sent to fellow
AlPAC employees. "you'd be able to draw a line between the allegation and the assertion and where it's
http://sioc.fbinet.fbi/documents/IntranetlInformationiSentineV2008/November/03.htm 11/3/2008