FAS

Govt Seeks Dismissal of AIPAC Case

05.01.09 | 2 min read | Text by Steven Aftergood

Prosecutors today filed a motion for dismissal (pdf) of the controversial case against two former employees of the American Israel Public Affairs Committee, Steven J. Rosen and Keith Weissman, who were charged under the Espionage Act with unlawful receipt and transmission of classified information.

“The landscape of this case has changed significantly since it was first brought,” the government motion stated, referring to several court rulings against the prosecution, which drastically increased its burden of proof, while granting defense motions to introduce previously classified information and to call influential expert witnesses for the defense.

“In addition to adjusting to the requirement of meeting an unexpectedly higher evidentiary threshold in order to prevail at trial, the Government must also assess the nature, quality, and quantity of evidence – including information relevant to prosecution and defense theories expected at trial.”

“In the proper discharge of our duties and obligations, we have re-evaluated the case based on the present context and circumstances, and determined that it is in the public interest to dismiss the pending superseding indictment,” prosecutors wrote in their May 1 motion.

If the case had gone forward and prosecutors had prevailed, it would have set a terrible precedent for using the Espionage Act to regulate and to punish access to classified information by non-official persons.  Instead, the dismissal of the case after years of fruitless litigation makes it extremely unlikely that prosecutors will attempt a repeat performance.

Ron Kampeas at the Jewish Telegraphic Agency had the first word on the motion for dismissal this morning.  Eli Lake at the Washington Times had an on-the-record confirmation.

publications
See all publications
Emerging Technology
day one project
Policy Memo
Strategies to Accelerate and Expand Access to the U.S. Innovation Economy

With targeted policy interventions, we can efficiently and effectively support the U.S. innovation economy through the translation of breakthrough scientific research from the lab to the market.

11.27.24 | 16 min read
read more
Government Capacity
day one project
Policy Memo
Collaborative Intelligence: Harnessing Crowd Forecasting for National Security

Crowd forecasting methods offer a systematic approach to quantifying the U.S. intelligence community’s uncertainty about the future and predicting the impact of interventions, allowing decision-makers to strategize effectively and allocate resources by outlining risks and tradeoffs in a legible format.

11.27.24 | 5 min read
read more
Clean Energy
day one project
Policy Memo
The Energy Transition Workforce Initiative

The energy transition underway in the United States continues to present a unique set of opportunities to put Americans back to work through the deployment of new technologies, infrastructure, energy efficiency, and expansion of the electricity system to meet our carbon goals.

11.27.24 | 5 min read
read more
Clean Energy
day one project
Policy Memo
Promoting Fusion Energy Leadership with U.S. Tritium Production Capacity

The United States has the only proven and scalable tritium production supply chain, but it is largely reserved for nuclear weapons. Excess tritium production capacity should be leveraged to ensure the success of and U.S. leadership in fusion energy.

11.26.24 | 12 min read
read more