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Did John Brennan Have a Role in DOJ’s Decision to Prosecute Jeffrey Sterling?

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John Brennan apparently plays an interesting role in the events surrounding Jeffrey Sterling, whom DOJ indicted for allegedly leaking details of the MERLIN program to James Risen.

James Risen first wrote about Sterling–profiling his employment discrimination suit–in March 2002. In it, Risen quotes then CIA Deputy Executive Director John Brennan, denying that Sterling was dismissed because he is black.

John Brennan, the deputy executive director of the agency who met Mr. Sterling several times about his case, said there was no evidence that racial discrimination had caused his problems.

”It was an unfortunate situation,” Mr. Brennan said, ”because Jeffrey was a talented officer and had a lot of the skills we are looking for, and we wanted him to succeed.

”We were quite pleased with Jeffrey’s performance in a number of areas. Unfortunately, there were some areas of his work and development that needed some improvement.”

Now Brennan’s role in negotiating with Sterling on the discrimination claims already provides one reason why Brennan might have a personal interest in seeing DOJ renew its pursuit of Sterling.

But there’s another: to go after Risen personally.

After all, whatever role Brennan had in Sterling’s discrimination suit, there’s no reason to believe it put Brennan at legal risk.

But Risen’s other big scoop in State of War did.

As I have shown, for at least a year, John Brennan was in charge of the process that picked who Dick Cheney would wiretap in his illegal domestic surveillance program.

Brennan appears to have overseen the units that conducted the threat assessments that were a key part of the illegal program from May 2003 at least until August 2004, and possibly up until he left ODNI in December 2005, just days before the NYT broke this story.For at least a year and possibly two, John Brennan appears to have been the guy inventing “reasonable cause” to wiretap people in the United States. John Brennan was also likely the guy who put together the list of groups considered al Qaeda affiliates (including al-Haramain) that could be wiretapped.

Of particular note, Brennan was in charge of this process when, after March 11, 2004, it operated without DOJ sanction, the time when it had the least legal cover (and the time period for which al-Haramain has proof they were illegally wiretapped). John Brennan is an accessory (at least) to violating FISA and other laws prohibiting domestic surveillance (including the part of 2004’s DOD appropriation bill that prohibited data mining of Americans).

And Risen’s reporting is what has ultimately led to the (very limited) exposure of Brennan’s role in the illegal wiretapping of Americans.

Mind you, the Deputy National Security Advisor probably shouldn’t be telling DOJ whom to investigate or not–particularly not if he’s trying to retaliate for the exposure of his own illegal actions. But he seems to have been right in the mix on the White House’s involvement in DOJ’s decisions on torture.

So did DOJ pursue this case so intently–as opposed to, say, torture and illegal wiretapping–at the direction of the White House?

Did NYT’s Editors Alert the Government to Risen’s Source?

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Let me start by pointing to two data points about the case of Jeffrey Alexander Sterling–the apparent (and alleged) source for James Risen’s reporting on MERLIN.

First, as DOJ’s press release alleges, Sterling first contacted Risen in February or March of 2003. The press release later reveals he first became aware that the FBI was investigating him for leaking classified information in June 2003.

The indictment alleges that beginning a few weeks later, in February and March 2003, Sterling made various telephone calls to the author’s residence, and e-mailed the author a newspaper article about the weapons capabilities of Country A. According to the indictment, while the possible newspaper article containing the classified information Sterling allegedly provided ultimately was not published in 2003, Sterling and the author remained in touch from December 2003 through November 2005 via telephone and e-mail.

[snip]

According to the indictment, Sterling was aware by June 2003 of an FBI investigation into his disclosure of national defense information, and was aware of a grand jury investigation into the matter by June 2006, when he was served a grand jury subpoena for documents relating to the author’s book.

In other words, Sterling allegedly contacted Risen in early 2003, the NYT never published an article at that point (which would have been just as the Iraq war was starting). But by June 2003, the FBI was already investigating the alleged leak.

Couple that information with the battle between Risen and the NYT over the contents of his book (which I first noted back in 2006).

Through several months in late 2005, Mr. Risen and bureau chief Phil Taubman had clashed over whether Times editors would get a preview of the book’s closely guarded contents, sources said. It was not until Dec. 27—11 days after the wiretapping story had run—that Mr. Risen relented and allowed Mr. Taubman to see the manuscript. Mr. Risen insisted that senior editors who viewed the pre-publication copy sign nondisclosure agreements and agree not to discuss the book’s contents.

[snip]

A Times spokesperson responded to questions about the Risen book by deferring to the paper’s Ethical Journalism Guidebook, which says reporters “must notify The Times in advance” when writing books related to their beats, “so The Times can decide whether to make a competitive bid to publish the work.”

[snip]

In October 2004, Mr. Risen first presented editors with a story about the secret N.S.A. wiretapping program, the sources said. Late that same year, Mr. Risen also proposed writing a piece about an alleged foiled C.I.A. plot to deliver bogus atomic-bomb plans to Iran—another story that appears in State of War.

Mr. Risen left on book leave in January 2005. According to multiple sources, he told editors he was writing a book about former C.I.A. chief George Tenet—and did not reveal that he would be using previously reported Times material about the N.S.A. wiretapping in the book. [my emphasis]

So, according to DOJ, Risen first tried to publish a story on MERLIN in 2003. He tried again in late 2004 (after, it should be said, the NYT started protecting Dick Cheney and Scooter Libby in the Plame case). After that didn’t work, he went on book leave, saying he was writing about George Tenet and refusing to tell them it included the NSA story and the MERLIN story. Read more →

CIA Doesn’t Want You To Know It Gave Iran Nuclear Blueprints

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Here’s what I think happened with Jeffrey Alexander Sterling, the former CIA officer who just got arrested for leaking classified information to James Risen.

As I noted in the timeline, Sterling was assigned to an operation in November 1998. Given that the DOJ press release specifies that Sterling was “the operations officer assigned to handle a human asset associated with that program,” and given that Risen’s MERLIN story includes first person details from the case officer managing a Russian scientist asked to leak a nuclear blueprint to the Iranians, it seems that Sterling was that case officer.

In other words, Sterling was probably the guy who convinced a Russian defector to give a nuclear blueprint to the Iranians.

As Risen tells it, the CIA prepared the Russian for the operation in a series of meetings at a luxury hotel in San Francisco. At one point, they handed the blueprints to the Russian.

Within minutes of being handed the designs, [the Russian] had identified a flaw. “This isn’t right,” he told the CIA officers gathered around the hotel room. “There is something wrong.” His comments prompted stony looks, but no straight answers from the CIA men in the room. No one in the San Francisco meeting seemed surprised by the Russian’s assertion that the blueprints didn’t look quite right, but no one wanted to enlighten him further on the matter, either.

In fact, the CIA case officer who was the Russian’s personal handler had been stunned by the Russian’s statement. During a break, he took the senior CIA officer aside. “He wasn’t supposed to know that,” the CIA case officer told his superior. “He wasn’t supposed to find a flaw.”

“Don’t worry,” the senior CIA officer calmly replied. “It doesn’t matter.”

The CIA case officer couldn’t believe the senior CIA officer’s answer, but he still managed to keep his fears from the Russian, and he continued to train him for his mission.

In February 2000, the Russian was flown to Vienna by himself to deliver the blueprints to Iran’s mission to the IAEA there. Worried that the CIA was framing him somehow, he wrote a letter to the Iranians that he included with the blueprints.

What is the purpose of my offer?

If you try to create a similar devise you will need to ask some practical questions. No problem. You will get answers but I expect to be paid for that. Let’s talk about details later when I see a real interest in it.

Now just take your time for professional study of enclosed documentation. My contact info on next page.

In other words, the Russian warned the Iranians that there was a flaw in the blueprints.

Three months later, in May 2000, Sterling appears to have been moved off the MERLIN operation and compartmented out of it. On August 2, 2000, Sterling first filed his employment discrimination suit against the CIA. In January 2002, his employment with the CIA ended. In April of that year, the CIA invoked state secrets in his employment discrimination lawsuit. And in January 2003, the CIA’s Publication Review Board told him to include false information in his memoirs. After the CIA rejected his settlement offer in February 2003, he first reached out to Risen. While he kept in contact with him, it may not have been until after Sterling’s employment discrimination suit was rejected in either 2004 (by the VA District Court) or 2005 (by the Appeals Court, though that seems too late to have been included in Risen’s book) that the story made it into Risen’s book.

In any case, this all seems to be about the CIA’s efforts to prevent you from knowing that it gave Iran nuclear blueprints in 2000.