Tweet
Former CIA officer John Kiriakou is not only the first CIA officer to be convicted of a classified leak but he also can be considered the first successful leak prosecution by the administration of President Barack Obama.
A few days ago, I posted videos of a discussion I had with NSA whistleblower Thomas Drake on the similarities between his prosecution and the prosecution of Kiriakou. The first segments addressed what it is like when you realize you are a government target. Now, in Part 3 of the discussion, Drake addresses the decision to plead guilty and take a deal rather than risk being convicted and sentenced to a long term in jail.
“It’s always a choice,” to fight the government, “but the pressures are always immense,” Drake states. Kiriakou faced the possibility of being sentenced to 45 years in prison, Drake faced a possible sentence of 35 years in prison.
Drake says he would not enter into plea negotiations unless the government agreed to drop all ten felony counts he faced. The government wanted to enter into negotiations because their case had collapsed. They ended up putting their best option forward because they wanted Drake to plead to something to validate coming after him in the first place.
“You are faced with, well if I plead out it all ends. If I plead out, I don’t have the worry or risk of going to trial and in the Fourth Circuit or both areas where you have a lot of government workers being drawn as a jury of your peers,” Drake describes. “You may still be found guilty. It’s possible.”
One has to think about how much time has elapsed. You just want to put the prosecution and your legal struggle behind you. A plea agreement is certain. It allows you to move forward with your life.
Drake pled guilty to a misdemeanor of exceeding authorized access on a computer, a misdemeanor. There was no jail time and no fine.
Given what Kiriakou was facing and how he faced a different situation because he was charged with violating the Intelligence Identities Act by revealing the name of an “undercover” officer, Kiriakou made the choice to plead guilty and do thirty months in jail time.
In conclusion, Drake explains, “Your life is completely turned upside down.”
“Both of us had many, many years in government,” Drake adds. “I had served four times in government service. I was only a few years from retirement. All that is gone. John had served in the CIA for number of years. He was a Senate staffer.
He understands what it’s like to be faced with many years in prison, what it’s like to be charged with alleged felonious acts.
“All the normal people you had worked with in terms of the social space and networks is pretty much shattered.” You face massive debt and the fallout of your prosecution must be dealt with on a day-to-day basis with your immediate family.
Drake has a bit of a distance now. The case concluded almost a year and a half ago (even though he still has civil litigation that is ongoing).
“You’re left with how do I live the rest of my life,” Drake concludes “And we’re both extremely public figures. We’re more than passing footnotes in history. I was the fourth person charged under the Espionage Act for non-spy activities.”
Drake has been a public speaker throughout the past year. Like Drake, the government can probably expect Kiriakou to do the same after he gets out of jail. They may have successfully pushed him to plead guilty to a charge. He may serve jail time, but, when all is said and done, they will have to face the fact that they chose to make him a target.
For more on John Kiriakou’s case, go here.
6 Comments
Thanks for the update. It is sobering and sad and chilling.
As far as going to trial is concerned: really hard (to say the least) under such circumstances.
On a very very micro level and tangential (but I think kind of related) situation: many years ago, I was in a position of being falsely accused of many “wrongdoings” by some disgruntled staff who basically wanted my job. Typical office politics of back-stabbing to get ahead; none of the accusations were true; many could readily be proven to be false. But for a range of reasons, management chose not to back me up.
I spoke to an attorney, who assessed my situation (it was complex), and he bascially advised me to leave quietly. He stated clearly that blowing the whistle on some fraudulent activities of which I had proof would probably blow up in my face. He also stated that he often saw so-called supportive witnesses suddenly back down and refuse to testify in favor of the wrongfully terminated employee… well they had their own jobs to consider, didn’t they??
Years later, I STILL get *apologies* from some of my former staff – who were basically on my side & definitely feel that I was screwed over by staff and management. Yet they didn’t speak up because they had their own jobs to consider, bills to pay, blah blah. I bear them no grudge, but I appreciate their courage in, at least, speaking to me about it now and confirming what really happened.
My small story is nothing in comparison to these big stories & what these people had to endure, but in some small measure, I can relate a teensy tinsy bit. I mean: for me, what happened seemed like the end of my world. In my profession (a smallish group), I gained a certain amount of negative noteriety and had to leave a good job “under a cloud.” It not only bruised my ego, but it took some time for me to build back up my credibility in my profession. It caused me to loose out on some good job opportunities. I am ok now, but…
I wish these whistleblowers well. And in no small measure can I blame anyone for taking a Plea rather than facing serious jail time.
Unfortunate, though.
Maybe the courage these whistle blowers had in the beginning will see them through the bad times. I hope so and I know that we must stop secret government. It’s not good for our country.
Seriously, I really want to know. How does an entire nation, let alone one person, STOP secret government? Or anything else this deviant, despicable pseudo Nazi regime does? Murder notwithstanding, these bastards have literally lied en masse to the American people for decades, about Wars, terrorism, drones, banks and the Federal Reserve, the economy and a hundred + other issues, not to mention the hundreds of thousands of innocent victims that have died as a result while driving the American taxpayers into multi-trillion dollars in debt. And for WHAT? I’ll tell you. The CORPORATE OLIGARCHY. Frankly, there is only ONE way these cockroaches will stop. When a gun is pointed directly at their fucking temple, which given the current modus operandi in regards to the 2nd Amendment, may well turn out to be cake that blew up in their face. However, understanding the general US citizenry cowardice and culture of shrug, I not only doubt they could muster the courage to fight in the face of their own murder, they would lay down and wait for it. Sickening. They deserve the FEMA camps that await them.
oh, and about that “it’s not good for our country”. Perfect. I’d submit if someone were about to beat you to death, you’d try to convince them it wouldn’t be good for you. Breathtaking.
Meanwhile, the Eric schmuck Holders corrupt two tiered in-justice system is alive and well, cowardly prosecuting the moral while rewarding the degenerate sycophants and banks with trillions of dollars. Ruby Ridge and Waco notwithstanding, I’d submit our Pol Pot’s got nothin up on the aspirations of our depraved TOTALATRARINISM-R-SOON-TO-BE-US wretched Cartel. I’m tired of the bullshit. NO ONE wants to face the absolute, undeniable facts surrounding the usurpation of the Constitution(NDAA/FISA) by our Congress/Potus, undeclared wars, the vile Orwellian world wide murdering Drone program, the sadistic and barbarian Torture/Rendition of human beings, and most of all, King Obominations vicious declaration he has the right to MURDER anyone, anywhere, for any reason he so deems.
What part of festering abscess doesn’t the Amerikan public smell? At the VERY least, if one shred of common decency existed in the American citizenry of this nation, they should be ARMED and descending on WDC like a hoard of locusts to arrest and prosecute every last War Criminal, and at best should convene a new Continental Congress, so this current perverted, debased, evil, and contemptible Government is DISSOLVED, just as our Constitutional right guarantees. The founders knew this day may come, otherwise there would be no Second Amendment. I rest my case.
I endured a frame-up, constant kafkaesque bureaucratic games, humiliating ouster, guards escorting me out of the headquarters, etc. No prosecution, no legal fees (am a lawyer), no jail time. So take that difference for what it’s worth.
Feeling disconnected from the rest of humanity was the worst of it. That went away as I started working toward understanding the roots of this tyrannical behavior in government, what allows it to happen, and what can be done to minimize the damage to other conscientious employees. I’m not going to be so condescending as to tell Mr. Drake that “it gets better,” but there are other people in his position who would love to speak out on wrongdoing in the intel community, if only they knew where to go (those channels exist). They would benefit from an exploration of what went right and wrong for him, and how they can avoid the same fate.
A lobotomy notwithstanding, I can not fathom why anyone with one neuron between their ears, would place themselves in a position of vulnerability by virtue of employment with our beloved Federal Terrorist Government, whereby their employer, or other Government sycophant employees, can decide to destroy your life, and or incarcerate you, and or fucking kill you, should you decide to expose what normal, moral human beings would consider illegal, morally reprehensible, and plain wrong. This whole Whistleblower issue redefines the lawless acts of our contemptible Federal Government. Here is the main fact. IF, this corrupt and vile Government were NOT perpetrating illegal acts, or wasting trillions of dollars, or murdering innocent human beings, or spying on every single citizen of this nation..there wouldn’t BE WHISTLE BLOWERS!!!
The astonishing truth is this. In order for this regime of psychopathic murderers to continue their degenerate, vicious, and sadistic world wide campaign of death and destruction and monetary manipulation, their illegal acts must be hidden behind a curtain of secrecy, as a moral world would destroy them one way or another. They know it. I know it. Hence, shrouding the “kill list”, torture, rendition and black torture sites, the Surveillance State, trials, certain courts and documents, Black op’s, secret “memos”, various Congressional hearings, meetings, policy’s, Executive orders, contracts, etc etc etc, MUST be hidden from the world at large as International Law would prevail. Unfortunately, the Law of the Iron Fist of Power is the only thing between them and the International Rule of Law.
However, hanging notwithstanding, these brutal debased bastards will have NO defense in their footnotes of human judgement, as they will eventually go down in the annuls of history as the grotesque, wicked, degenerate barbarians that they are. And I for one will document it, however small my contribution shall be. Gentleman, make no mistake, you are witness to the destruction of every ideal, value, worth, rights and dreams human beings were given as their birthright. Should the citizens of this nation continue to slumber during the prelude to their total enslavement, then the founders failed to understand the capacity of ignorance and corruption of mind. Thus we face the very truth of Revelations and living proof of fate.