In a whirlwind conclusion to the prosecution of former National Security Agency official Thomas A. Drake, Mr. Drake agreed to plead guilty to a misdemeanor charge of “exceeding authorized use of a computer.”
Prosecutors were unable to sustain any of the felony counts against Mr. Drake that were contained in last year’s ten-count indictment, including charges of unauthorized retention of classified material under the Espionage Act of 1917.
A copy of the June 9, 2011 plea agreement is here.
Mr. Drake had been suspected of unauthorized disclosures of classified information to the press, though he was not specifically charged with that offense, and he denied committing it.
Much of the case was conducted behind closed doors and off the public record, so many intriguing aspects of its ultimate resolution remain obscure for the time being. But it seems clear that the Obama Administration misjudged the merits of its case against Drake, pursuing minor infractions with disproportionate zeal.
Meanwhile, Mr. Drake’s legal team, public defenders James Wyda and Deborah L. Boardman, did a superb job of defending their client in a challenging legal environment. Drake’s supporters at the Government Accountability Project managed to win a remarkable degree of public sympathy and support for a supposed felon.
Speaking of disproportionate zeal, I wrote last Monday that there was “no possibility” of avoiding trial on June 13. Consider this a correction.
See related coverage in the Washington Post, Politico, New York Times, Wall Street Journal, Washington Times, AP, MSNBC and Emptywheel.
Denice Ross, former U.S. Chief Data Scientist and Data Policy Institute lead at the Federation of American Scientists, will be honored for her stewardship of public data by the National Academy of Public Administration, where she has been named a Fellow.
Confirmation that the construction of the security perimeter and associated security infrastructure at RAF Lakenheath are still ongoing once again raises questions about whether U.S. nuclear weapons have already been deployed to the base.
Alaskans are sensibly pulling back from the vogue for bans and returning to a western tradition that has worked for more than half a century – one that welcomes innovation but also oversees it closely.
The strength of our nation’s data policy isn’t just in the rules we write, but in how effectively we translate those rules into a system that prioritizes the public good. Join us in this movement to design and build more resilient national data policies.