"Former [undercover] CIA officer Jeffrey Sterling was convicted of espionage charges on
January 26, 2015."
"Between 2002 and 2004, the U.S. federal government intercepted
several interstate emails to and from Sterling, which were "(...) routed through a server located in the Eastern District of Virginia (...)". The authorities also traced telephone calls between Sterling and[5]—the journalist and book author James Risen. In the intercepted communications, Sterling revealed national defense information to an unauthorized person.[15] In March 2003 Sterling also raised concerns with the Senate Intelligence Committee about a "poorly executed and dangerous Operation Merlin." [what is Operation Merlin? "Operation Merlin was a United States covert operation under the Clinton Administration to provide Iran with a flawed design for a component of a nuclear weapon ostensibly in order to delay the alleged Iranian nuclear weapons program, or to frame Iran.[1]" https://en.wikipedia.org/wiki/Operation_Merlin]...ed.]
"On December 22, 2010, U.S. attorney Neil H. MacBride filed an indictment against Sterling on the unlawful retention and unauthorized disclosure of national defense information, mail fraud, unauthorized conveyance of government property, and obstruction of justice. Sterling was arrested on January 6, 2011.[15] Sterling became the fifth individual in the history of the United States who has been charged, under the Espionage Act, with mishandling national defense information.[10][21][22][23]"
"Sterling, who maintains that his communications with Risen did
not involve secret information, was convicted of espionage charges on
January 26, 2015. Sentencing was originally scheduled for April 24,[31] but after learning of the sentence of no more than two years’ probation plus a fine given one day earlier to David Petraeus
for the misdemeanor of unauthorized removal and retention of classified
material, Sterling's lawyers submitted a plea that Sterling "not
receive a different form of justice" than Petraeus, asking for a
similarly lenient sentence instead of the 19 to 24 years imprisonment
sought by the federal prosecutors.[32] On May 11, 2015, U.S. District Judge Leonie Brinkema
sentenced Sterling to 3½ years in prison. Judge Brinkema said there was
"no more critical secret" than revealing the identity of a man working
with the CIA, and that Sterling deserved a harsher penalty than other
recent leakers because he had not pleaded guilty or admitted wrongdoing." [really?...ed.]
source: Wikipedia [see full article below]...ed.].
 |
In the essay being released in this email, Jeffrey Sterling writes
about “pardon season” -- the time when each outgoing president hands out
pardons -- and what it means to him as a CIA whistleblower who spent
two and a half years in prison after a trial under the widely
discredited century-old Espionage Act.
From the time that Jeffrey underwent
a federal courtroom ordeal more than five years ago that BBC News
called “a trial by metadata,” the RootsAction Education Fund has been
proud to work in solidarity with him. Jeffrey went through channels to
expose government wrongdoing -- only to be later charged, convicted and
imprisoned on the basis of flimsy non-evidence.
We’re now equally proud to sponsor
Jeffrey’s work as the coordinator of The Project for Accountability.
You’ll give him a lift if you make a tax-deductible donation in support of that exciting venture.
Half of every dollar you donate will go directly to Jeffrey as he works
to rebuild his life, while the other half will go to sustaining his
project.
Meanwhile, Jeffrey hopes that
someone reading this email will assist him in finding employment. (For
context, perhaps a potential employer would be interested in reading
Jeffrey’s recent book, Unwanted Spy.) All inquiries for possible employment can be sent directly to Jeffrey at hjster@tutanota.de.
And now, here’s what Jeffrey has
written for sharing with supporters of the RootsAction Education Fund
and The Project for Accountability.
[From Jeffrey:]
The Trump presidency is coming to an
end and much like previous outgoing administrations, the topic of
pardons has come to the fore. This time around, the presidential pardon
has a bit more of an odd if not distasteful tinge about it that casts an
even dimmer pall on the routine. I can’t recall another presidential
pardon season that was more focused on what and who will receive a
pardon and for what reason. I wonder if the entire process should be
done away with, but that is a discussion best suited for another
occasion. What this pardon season has done for me has awakened a
painfully personal and long-simmering introspection, mainly, would I
want or accept a pardon?
The prospect of a pardon is
wonderful, a potential wiping clean of one’s slate. What a gift that
would be for anyone and it is not lost upon me the fact that the pardon
season is typically staged during the holiday season. And even though
the chances have always been and most likely will always be slim for a
pardon to be placed under my Christmas tree, every pardon season I find
myself wondering, what if? Every time I wonder about receiving such a
gift, I confirm my resolve that such a present is nothing I would ever
want or accept.
By definition, a pardon means to be
forgiven for a crime; in the case of Presidential pardons, that
forgiveness extends only to federal crimes. My January 2015 conviction
for violating the Espionage Act, unjust as it was, certainly amounted to
a federal crime, thereby making me eligible to receive such
presidential benevolence. But, merely being eligible for grace doesn’t
necessarily make receiving it a good thing.
My personal difficulty with a pardon
is the acceptance of which is an admission of guilt. A pardon is not a
reversal, not a real cleaning of the slate. When you look at it, a
pardon is more symbolic than anything because it will not erase or
expunge the record of a conviction. Some rights are restored via a
pardon, but the conviction and admission of committing a crime remain.
Is this really such a wonderful gift? Not to me. A pardon in my case
would strip all semblance of truth and veracity from who I am as a
person. A pardon for me would be the antithesis of my overall life
ambition, to be true to myself. I could not in good conscience admit to a
crime I did not commit, nor knuckle under to a biased criminal justice
system. In much the same way, I could not and will not accept a pardon
from this president nor any other. The years and years with my life on
hold living with the specter of being persecuted by the government and
country that I tried to serve and being unjustly prosecuted and
imprisoned for taking a stand in furtherance of that service cannot be
wiped away by an ultimately symbolic presidential gesture.
But, I will admit I had visions of
some sort of relief dancing in my head during Mr. Obama’s pardon season.
I was in prison, away from my loved ones and friends, cast away like so
much garbage. I was desperate for that situation to change, to do
anything to return home. I put my faith in the law and filed an appeal
to the unjust conviction. There was also the herculean effort by my dear
wife Holly, independent of my legal team, to petition the president for
a pardon; she was also desperate to change an injustice and have me
returned home. I had some rather mixed feelings on the subject at the
time because I knew what a pardon would ultimately mean and I had doubts
Mr. Obama would do anything to change the victory against truth and
whistleblowers he and his Attorney General Eric Holder worked so
vehemently for and relished in. Regardless, I was focused on anything
that would get me out of that prison. Through her efforts, thousands
upon thousands of supporters signed the petition and I was moved beyond
measure at the outpouring of support. I found encouragement in both the
appeal and the petition.
Like a child who writes a letter to
Santa, I was filled with anticipation for both the appeal and prospect
of a pardon, either could mean getting me out of that prison, the only
immediate present I wanted. I was a mainstay in the prison television
room and had my radio constantly tuned in to NPR for any news of what
pardons Mr. Obama would hand out. There was nothing but coal for me from
Mr. Obama, I was not one of the chosen to receive a gift of his
presidential benevolence. He summarily ignored the petition from my wife
and supporters without so much as a response.
The appeal would also ultimately
fail as the appellate court perfunctorily rubber stamped the conviction
allowing it to stand forever. I was to remain in prison for the length
of my sentence and continue to wear the scarlet letter of being
convicted of a crime. To say I was disheartened would be an
understatement, I was crushed. The disappointment was more pointed at
the appeal than the prospect of a pardon. The legal system had once
again failed me. The lack of a pardon also stung, not so much that I did
not receive one, but I felt I had in some way let down Holly and my
supporters. But, I did receive something wonderful and unexpected.
Though the petition effort failed, the effort gave me much more than any
pardon ever could, it helped me maintain my dignity and belief in
myself.
I want it to be understood that
despite my feelings on pardons, I was and remain extremely proud and
thankful of the effort put forth on my behalf. Had I refused a pardon at
that time, it would not have been an expression of dismissiveness at my
wife and supporters. A very real thought for me at that time, in
moments of clarity, was that accepting a pardon would actually mean
turning my back on all the wonderful people who were supporting me. A
pardon may have removed me from that prison, but I would have remained
forever confined, bounded by a lie. That was a personal and general
betrayal I knew I couldn’t live with. I could not have, in good
conscience accepted anything that would have compromised who I was and
am. The ordeal fighting against discrimination at the CIA, bringing
official attention to a dangerous operation, and the tremendous struggle
against false accusations of violating the Espionage Act could not have
been in vain. All the loss and pain associated with those many years
had to mean something.
While of no consideration for me, I
do believe that pardons should be on offer to Edward Snowden, Reality
Winner, Terry Albury, John Kiriakou, and the many other patriots who
chose to take the ultimate stand and bring to light government
wrongdoing and abuses of power. Their ordeals are no less unjust, and my
position in no way is meant as a statement on their stance. Much like
the decision to take a stand, whether to ask for or accept a pardon is a
personal choice. For me, nothing is going to take away the experiences
of being tried, convicted, and imprisoned for a crime I did not commit.
That I have not received a pardon and will adamantly refuse one if so
considered is the best gift I can continue to give to myself during any
pardon season and the rest of my life. I have been through hell and I
continue to hold my head high, I don’t want a pardon to ever take that
away from me.
 |
 |
 |
 | Background:
>> BBC News: "Jeffrey Sterling's Trial by Metadata"
>> Jeffrey Sterling: “Unwanted Spy: The Persecution of an American Whistleblower”
>> John Kiriakou: “CIA Whistleblower Jeffrey Sterling Placed in Solitary Confinement”
>> ExposeFacts: Special Coverage of the Jeffrey Sterling Trial
>> Marcy Wheeler, ExposeFacts: "Sterling Verdict Another Measure of Declining Government Credibility on Secrets"
>> Norman Solomon, The Nation: "CIA Officer Jeffrey Sterling Sentenced to Prison: The Latest Blow in the Government's War on Journalism"
>> Reporters Without Borders: "Jeffrey Sterling Latest Victim of the U.S.' War on Whistleblowers"
>> AFP: "Pardon Sought for Ex-CIA Officer in Leak Case"
>> Documentary film: "The Invisible Man: CIA Whistleblower Jeffrey Sterling"
www.RootsAction.org |
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Jeffrey Alexander Sterling
From Wikipedia, the free encyclopedia
Jeffrey A. Sterling |
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Occupation
| | Fraud investigator (2004--his arrest in 2011)[2]
Lawyer (?--present)
Former undercover CIA officer (May 14, 1993--January 31, 2002) |
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| |
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| Spouse(s) | Holly Sterling[3] |
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Jeffrey Alexander Sterling is an American lawyer and former CIA employee who was arrested, charged, and convicted of violating the Espionage Act for revealing details about Operation Merlin (covert operation to supply Iran with flawed nuclear warhead blueprints) to journalist James Risen.[2][4][5] The case was based on what the judge called "very powerful circumstantial evidence."[6][7] In May 2015, Sterling was sentenced to 3½ years in prison.[8]
In 2016 and 2017, he filed complaints and wrote letters regarding
mistreatment, lack of medical treatment for life-threatening conditions,
and false allegations against him by corrections officers leading to
further punitive measures.[9] He was released from prison in January 2018.
Early life and education
Sterling was born in Cape Girardeau, Missouri.[1] Sterling earned a political science degree at Millikin University in Decatur, Illinois, in 1989. In 1992, he graduated from the Washington University School of Law in St. Louis, Missouri as a Juris Doctor.[10]
CIA employment
Sterling joined the CIA on May 14, 1993. In 1995, he was promoted to operations officer in the Iran group of the CIA's Near East and South Asia division. He held a top secret security clearance and had access to sensitive compartmented information, including classified cables, CIA spies, and operations.[citation needed]
After training in Persian in 1997, he was sent first to Bonn, Germany, and two years later to New York City to recruit Iranian nationals as agents for the CIA as part of a secret intelligence operation involving Iran's weapons capabilities.[11] From early 1998 to May 2000, Sterling assumed responsibility as case officer
for a Russian emigre with an engineering background in nuclear physics
and production, whom the CIA employed as a carrier to pass flawed design
plans to the Iranians.[12][non-primary source needed]
In April 2000, Sterling filed a complaint with the CIA's Equal
Employment Office about management's alleged racial discrimination
practices. The CIA subsequently revoked Sterling's authorization to
receive or possess classified documents concerning the secret operation
and placed him on administrative leave in March 2001.[13][14]
After the failure of two settlement attempts, his contract with the CIA was terminated on January 31, 2002.[15][non-primary source needed]
Equal Employment lawsuit
Sterling's
lawsuit accusing CIA officials of racial discrimination was dismissed
by the judge after the government successfully argued the state secrets privilege by alleging the litigation would require disclosure of classified information. The 4th U.S. Circuit Court of Appeals
upheld the dismissal, ruling in 2005 that "there is no way for Sterling
to prove employment discrimination without exposing at least some
classified details of the covert employment that gives context to his
claim."[16][17][18][19]
Conviction under the Espionage Act
Between 2002 and 2004, the U.S. federal government intercepted
several interstate emails to and from Sterling, which were "(...) routed through a server located in the Eastern District of Virginia (...)". The authorities also traced telephone calls between Sterling and[5]—the journalist and book author James Risen. In the intercepted communications, Sterling revealed national defense information to an unauthorized person.[15] In March 2003 Sterling also raised concerns with the Senate Intelligence Committee about a "poorly executed and dangerous Operation Merlin."[20]
On December 22, 2010, U.S. attorney Neil H. MacBride filed an indictment against Sterling on the unlawful retention and unauthorized disclosure of national defense information, mail fraud, unauthorized conveyance of government property, and obstruction of justice. Sterling was arrested on January 6, 2011.[15] Sterling became the fifth individual in the history of the United States who has been charged, under the Espionage Act, with mishandling national defense information.[10][21][22][23]
In a hearing at the U.S. District Court on January 14, 2011,
Sterling's defense attorney, Edward MacMahon, entered a not guilty plea.[24][25] MacMahon reported to the court that he was still waiting for clearance to discuss the case in detail with his client.[26]
Rather than relying exclusively on records of electronic communications
to legally establish that Sterling exchanged information with Risen,[27] the prosecution has subpoenaed Risen to testify and reveal his journalistic sources,[28] an effort which Risen and his attorneys are contesting.[29][30]
Sterling, who maintains that his communications with Risen did
not involve secret information, was convicted of espionage charges on
January 26, 2015. Sentencing was originally scheduled for April 24,[31] but after learning of the sentence of no more than two years’ probation plus a fine given one day earlier to David Petraeus
for the misdemeanor of unauthorized removal and retention of classified
material, Sterling's lawyers submitted a plea that Sterling "not
receive a different form of justice" than Petraeus, asking for a
similarly lenient sentence instead of the 19 to 24 years imprisonment
sought by the federal prosecutors.[32] On May 11, 2015, U.S. District Judge Leonie Brinkema
sentenced Sterling to 3½ years in prison. Judge Brinkema said there was
"no more critical secret" than revealing the identity of a man working
with the CIA, and that Sterling deserved a harsher penalty than other
recent leakers because he had not pleaded guilty or admitted wrongdoing.
The judge said she was moved by his accomplishments but needed to send a
message to others: "If you do knowingly reveal these secrets, there's
going to be a price to be paid."[8] On June 22, 2017, a three-judge panel of the 4th Circuit U.S. Court of Appeals upheld the sentence.[33]
Sterling was incarcerated at FCI Englewood. In 2016, Sterling's wife said that she was afraid that Sterling could die of health issues behind bars.[34]
In September 2016, Sterling detailed the FBI's continued indifference
in his seeking treatment for a severe heart condition, in letters which
were published by Common Dreams.[35][36][unreliable source?] In April 2017 Sterling was placed into solitary confinement after he allegedly threatened an officer.[9][unreliable source?] He was "denied medication for his heart condition and endured a cardiac-related episode" while in solitary confinement.[9][unreliable source?]
Personal life
Sterling is married to Holly Sterling, a social worker. They met via Match.com. On their second date, they agreed to get married barefoot on the beach. They were married in Jamaica.[37][38]
Awards
Sterling earned a national 2010 Anti-Fraud Award from the Blue Cross Blue Shield Association for helping break up a Medicare fraud ring, leading to estimated recoveries and savings of US$32 million.[10][39]
See also
References
External links
Special to the Beacon (June 7, 2013). "Ex-CIA agent insists on innocence while his national security case is stuck in limbo". St. Louis Beacon. Archived from the original on July 20, 2013. Retrieved January 5, 2015. Jeffrey
Sterling, born into a family of seven in Cape Girardeau, seemed to have
made it. A top graduate of Millikin University and Washington
University Law School, he then went to work as one of the few
African-American CIA agents.
Chad Garrison (January 7, 2011). "Jeffrey Sterling: Indictment States Ex-Spy in Missouri Had Grudge with CIA, Leaked Secrets". The Riverfront Times blog. Archived from the original on January 6, 2015. Retrieved January 5, 2015. Jeffrey
Sterling, a 43-year-old resident of O'Fallon, Missouri, who now works
as a fraud investigator with the health benefits company WellPoint, was
arraigned yesterday in federal court in St. Louis accused of leaking
state secrets to the media.
"Defendant's Opposition to Government's Motion for Pretrial Detention" (PDF). Politico. January 21, 2011. Retrieved January 5, 2015. He
has no criminal record whatsoever and is married to his wife Holly, who
is a social worker. He lives modestly outside of Saint Louis, Missouri
in O’Fallon. He owns his own home with his wife though it is mortgaged.
Mr. Sterling is a graduate of Washington University in Saint Louis
earning his JD in 1992.
Todd C. Frankel (January 23, 2011). "Life away from CIA still tangled, lonely for indicted ex-spy". St. Louis Post-Dispatch. Retrieved January 5, 2015.
Isikoff, Michael (2011-01-06). "Ex-CIA Officer Charged with Leak to Reporter". NBC New York. Retrieved 2011-01-07.
"Embarrassing the Government Is the Ultimate Crime". The American Conservative. Retrieved 2017-05-29.
Maass2015-06-18T19:06:54+00:00, Peter MaassPeter. "How Jeffrey Sterling Took on the CIA — and Lost Everything". The Intercept. Retrieved 2017-05-29.
Matt Zapotosky (May 11, 2015). "Ex-CIA officer convicted in leak case sentenced to 3½ years in prison". The Washington Post. Retrieved May 11, 2015.
"Imprisoned Whistleblower 'Feared For His Life' After Threats From Guard". Shadowproof. 2017-04-29. Retrieved 2017-05-29.
Todd C. Frankel (23 January 2011). "Life away from CIA still tangled, lonely for indicted ex-spy". stltoday.com.
Risen, James (2002-03-02). "Fired by C.I.A., He Says Agency Practiced Bias". New York Times. Retrieved 2011-09-08.
"USA v. Sterling 10 CIA Exhibits on Merlin Ruse" (PDF). Central Intelligence Agency. 2015-01-14. Retrieved 2015-05-12.
Fields-Meyer, Thomas (2002-05-20). "Out in the Cold: Agent Jeffrey Sterling Charges the CIA with Racial Discrimination". People. Retrieved 2011-01-11.
"Former CIA Officer Arrested for Alleged Unauthorized Disclosure of National Defense Information and Obstruction of Justice". Federal Bureau of Investigation. 2011-01-06. Archived from the original on 2011-01-08. Retrieved 2011-01-08.
MacBride, Neil H. (2010-12-22). "United States of America v. Jeffrey Alexander Sterling, Defendant". In the United States District Court for the Eastern District of Virginia, Alexandria Division. Retrieved 2011-01-07.
Northam, Jackie (2005-09-09). "Administration Employing State Secrets Privilege at Quick Clip". NPR. Retrieved 2011-01-17.
"Supreme Court bars appeal of ex-CIA agent: African American former covert officer charged agency with bias". NBC News. 2006-01-09. Retrieved 2011-01-11.
"The CIA and control of 'insider tales'". ABC Radio National. 2006-04-25. Retrieved 2011-01-17.
Taylor Jr., Stuart (2008-04-12). "Reforming the State Secrets Privilege". National Journal. Archived from the original on 2012-03-09. Retrieved 2011-01-17.
Solomon, Norman (2015-01-27). "The Invisible Man: Jeffrey Sterling, CIA Whistleblower". ExposeFacts.org. Retrieved 2011-05-12.
Shane, Scott (2010-04-16). "Former N.S.A. Official Is Charged in Leaks Case". New York Times. Retrieved 2011-01-09.
Scott Shane (11 June 2010). "Obama Takes a Hard Line Against Leaks to Press". The New York Times.
"US war on whistleblowers grows". PressTV. 2011-01-19. Retrieved 2011-01-19.
Cratty, Carol (2011-01-14). "Ex-CIA officer pleads not guilty in classified info case". CNN. Archived from the original on 2012-02-27. Retrieved 2011-01-17.
Isikoff, Michael (2011-02-25). "DOJ gets reporter's phone, credit card records in leak probe". NBC News.
"Ex-CIA officer pleads not guilty to leaking info". Forbes. 2011-01-14. Retrieved 2011-01-17.
Liptak, Adam (February 11, 2012). "A High-Tech War on Leaks". New York Times. Retrieved April 4, 2013.
Savage, Charlie (April 28, 2010). "U.S. Subpoenas Times Reporter Over Book on C.I.A." New York Times. Retrieved April 9, 2013.
Aftergood, Steven (February 29, 2012). "There is No Reporter's Privilege, Leak Prosecutors Insist". Federation of American Scientists Secrecy news. Retrieved April 4, 2013.
Affidavit of James Risen, June 21, 2011 (with exhibits and attachments), Federation of American Scientsts, Sterling case files
Apuzzo, Matt (January 26, 2015). "C.I.A. Officer in Leak Case, Jeffrey Sterling, Is Convicted of Espionage". The New York Times. Retrieved January 26, 2015.
Peter Maass (April 24, 2015). "Petraeus Gets Leniency for Leaking — and Risen's CIA Source should too, his Lawyers say". The Intercept. Retrieved April 26, 2015.
Alanna Durkin Richer (June 22, 2017). "Imprisoned ex-cia officer loses appeal of leak conviction". The Washington Post. Retrieved July 4, 2017.
Hutchins, Corey (2016-08-16). "'My husband may die' in a Colorado prison, says wife of CIA whistleblower". Colorado Independent. Retrieved 2016-08-21.
"Letter From CIA Whistleblower Jeffrey Sterling Details Federal Prison's Scandalous Treatment". Common Dreams. Retrieved 2017-05-29.
"CIA whistleblower Jeffrey Sterling not receiving lifesaving healthcare in prison (VIDEO)". RT International. Retrieved 2017-05-29.
Democracy.now
Politico.com
source: https://en.wikipedia.org/wiki/Jeffrey_Alexander_Sterling
