The pending prosecution of former National Security Agency official Thomas A. Drake, who was alleged to be a source of classified information in a series of newspaper articles about the NSA, will present “novel” legal issues for the court to consider, prosecutors and defense attorneys said in a joint motion last week.
“The indictment raises complex factual and legal issues and novel questions of law relating to, among other things, the retention of classified materials,” they wrote in an April 29 motion (pdf) to waive the right to a speedy trial.
Unlike former DoD official Larry Franklin in the troubled AIPAC case (which was abandoned by the government before trial last year), Mr. Drake was not charged with unauthorized disclosure of classified information. Instead, he is accused of “willful retention of classified information.” The precise nature of this offense, and the threshold for culpability in this case, remain to be litigated.
“The prosecution of this case will involve classified documents,” the joint motion stated, and the defense “may involve classified documents,” necessitating that defense counsel obtain the required security clearances. “The pre-indictment investigation in this case spanned more than two years,” the motion noted, though defense counsel was not appointed until after the indictment (pdf) issued.
A trial date has been tentatively scheduled for October 18, 2010.
America’s affordability problem is bigger than home prices and rents. The best housing policies make it easier to build homes, and recognize how housing connects to other domains.
America’s affordability problem, for instance, is bigger than home prices and rents. How we build affects household costs like insurance and utilities.
As humans expand our geographic reach, encroach on untouched natural territories, and interact more with animal populations, we will encounter novel zoonotic diseases that threaten the human body. The sooner we act to address these risks, the better.
This report serves as a landscape assessment and toolbox from which local governments can negotiate an informed position when it comes to the levers available to them and includes a first-of-its kind analysis of eight executed community benefits agreements.