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.
At a time when universities are already facing intense pressure to re-envision their role in the S&T ecosystem, we encourage NSF to ensure that the ambitious research acceleration remains compatible with their expertise.
FAS CEO Daniel Correa recently spoke with Adam Marblestone and Sam Rodriques, former FAS fellows who developed the idea for FROs and advocated for their use in a 2020 policy memo.
In a year when management issues like human capital, IT modernization, and improper payments have received greater attention from the public, examining this PMA tells us a lot about where the Administration’s policy is going to be focused through its last three years.
Congress must enact a Digital Public Infrastructure Act, a recognition that the government’s most fundamental responsibility in the digital era is to provide a solid, trustworthy foundation upon which people, businesses, and communities can build.