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}~ vibrant." Ellis quickly interrupted. "You believe rule ofla'V is i.1nportant? ....I've lived in-countries
where there isn't rule oflaw. I was born in one," the Colombian-bomjurist said. "And what really
[matters] is whether government officials obey the law." Franklin said he did believe in the rule oflaw
and he acknowledged "serious errors in judgment. II That triggered another salvQ from the judge: IIAn
error is putting on the wrong color tie," Ellis sai4. "We're talking about crimes."
Earlier, Cacheris argued that the.govemment's request ofeight years imprisonment for Franklin "smacks
ofvengeance" stemming from the decision to abandon the prosecution against Rosen and Weissman.
"It's just not justified," the defense attorney said. He insisted the decision to drop the case against the
two ex-lobbyists "was not because ofanything Mr. Franklin did." Cacheris's description ofFranklin's
cooperation also produced some intriguing news. "He's given them other cases involving people who
cannot come into this country, II the defense lawyer said cryptically. Cacheris also sugge...sted that
Franklin was the target ofwitness tampering in the Aipac case. ~
"Someone came to approach Franklin to have him, in effect, disappear," the defense attorney said. He
said Franklin immediately reported the incident to authorities. -Cacheris did not elaborate Qn the
episode, but it could help explain why the EJU sought to interview Jewish leaders several years ago
about attempts to provide financial assistance oremployment to Rosen and Weissman. Prosecutor Neil
Hammerstrom suggested Franklin deserved more severe punishment than Rosen and Weissman, had
they been convicted.
"I~ many ways, he was a more significant violator than Rosen and Weissman ever were alleged to be,"
the prosecutor said. "Ifyou don't have people like Mr. Franklin in government doing that, you don't
hav~ people [outside] passing classified information." Hainmerstrom also noted that Franklin took topsecret
information to his home even after being disciplined for such activity. "You have before you an
individual that just can't seem to f~llow the law when it comes to cl~sified information," the prosecutor
said. He said Frankliti deserved credit for cooperating, but that his assistance had not been "ideal."
In response to a question from Ellis Thursday, Franklin confirmed speculation thathis rende~ous with
Rosen and Weissman was arranged by Michael Makovsky, a former energy analyst for the Pentagon.
Makovsky, who has left the government, was not charged in the case and was expected to be a witness
at the trial ofRosen and Weissman Before the main hearing Thursday, lawyers spent nearly halfan hour
arguing behind closed doors about whether the re-sentencing snould be open to the public.
The judge eventually allowed the press and public into the courtroom, though he said portions ofcourt
,filings about Franklin's sentence will remain under seal. As the hearing concluded i!1 the case, which
has been the subjected ofhard-fought legal battles for nearly four years, the judge stniggled to
maintained his composure. He praised prosecutors and defense lawyers. "You all did a very goodjob,"
said Ellis, who is now semi-retired. -
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6/l2/2009