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.
This rule gives agencies significantly more authority over certain career policy roles. Whether that authority improves accountability or creates new risks depends almost entirely on how agencies interrupt and apply it.
Our environmental system was built for 1970s-era pollution control, but today it needs stable, integrated, multi-level governance that can make tradeoffs, share and use evidence, and deliver infrastructure while demonstrating that improved trust and participation are essential to future progress.
Durable and legitimate climate action requires a government capable of clearly weighting, explaining, and managing cost tradeoffs to the widest away of audiences, which in turn requires strong technocratic competency.
FAS is launching the Center for Regulatory Ingenuity (CRI) to build a new, transpartisan vision of government that works – that has the capacity to achieve ambitious goals while adeptly responding to people’s basic needs.