Tuesday, February 24, 2009

Big Defense Win in Aipac Case, But Beware the Dreaded Footnote

A federal appeals court has handed another serious defeat to the prosecution of two pro-Israel lobbyists accused of trafficking in classified information, though a cryptic footnote could offer some hope to the government.

On Tuesday, the Richmond, Va.-based U.S. Court of Appeals for the Fourth Circuit refused to overturn a lower judge’s ruling that the two American Israel Public Affairs Committee, Steven Rosen and Keith Weissman, had the right to use two classified documents as part of their defense.

In an unusual pre-trial appeal, the Justice Department argued that the records, an FBI report and a document describing the briefing Israeli officials gave the U.S. about Palestinian arms smuggling were irrelevant to the case, in large part because Rosen and Weissman are not alleged to have seen the documents.

The three-judge appeals court panel said it had doubts about the relevance of the Israeli briefing document, but was bound to defer to the trial judge, T.S. Ellis III.

“We may not substitute our judgment for that of the trial court, which has been immersed in these proceedings for many months and has far more familiarity with the matter
than we do,” Judge Robert King wrote, joined by Judges Roger Gregory and Dennis Shedd.

Portions of the appeals court’s opinion were deleted, apparently because they contained classified information.

Last week, in a blow to the prosecution, Ellis ruled that Rosen and Weissman have the right to call a former federal classification czar, J. William Leonard, as a witness. Leonard is expected to testify that over-classification is pervasive in the federal government and that the information Rosen and Weissman allegedly received may not have been classified at all.

However, in a footnote Tuesday, the appeals court delivered what may have been a brush-back pitch to Ellis.

In a key ruling in 2006, Ellis found that, to win a conviction, prosecutors had to show Rosen and Weissman knew what they were doing could harm the U.S. or help an enemy. The judge also said the government would have to show Rosen and Weissman knew what they were doing was illegal.

The Justice Department asked the appeals court to overturn that order, but the court ruled last year that it was not ripe for review. The three appeals judges stood by that position Tuesday, but added this in a footnote: “We are nevertheless concerned by the potential that the…order imposes an additional burden on the prosecution not mandated by the governing statute.”

The judges wrote that the law under which Rosen and Weissman were charged, the Espionage Act, “must be applied according to its provisions, as any other course could result in erroneous evidentiary rulings or jury instructions.”

The judicial aside has no direct impact on Ellis’s decision, though it could persuade him to revisit the matter. If he did, the government might not like the ultimate outcome. Ellis’s ruling suggests he believes that, without the additional requirements on the prosecution, the law would be unconstitutional.

A defense attorney for Rosen, Abbe Lowell, hailed the long-awaited decision from the appeals court.

“In addition to arguing that this is a misdirected case from the get-go, the defendants have stated they ought to have the right to use relevant classified information in their defense. The government has fought that and now both Judge Ellis and the court of appeals have agreed with the defense,” Lowell said. “We’re most anxious to get to trial.”

Lowell declined to comment on the potentially troublesome footnote.

A lawyer for Weissman, John Nassikas, declined to comment.

The Justice Department could seek to appeal the decision to the full bench of the 4th Circuit, but officials were noncommittal yesterday.

“We are reviewing the decision and will respond in court,” Peter Carr, a spokesman for the prosecutors, said.

Rosen and Weissman were indicted in 2005 on charges they obtained classified information from government officials and passed it to journalists, diplomats and others. The pair pled not guilty. A trial is set for April, but lawyers involved in the case have said they expected it to be delayed again.

The defense team is hopeful that President Obama’s appointees at the Justice Department will review the case and decide to drop it, especially in light of the recent rulings. However, such a decision could cause an outcry among career prosecutors and FBI agents eager to proceed with the prosecution of the two ex-lobbyists.

28 comments:

Houstonlaw said...

Nice briefing! Keep it up!

Personal Injury Attorney Houston

Owner_biggestcrime.com said...

a similarly-stimulating future case: http://www.firstbiggestcrime.com

Jhon Davis said...

Thank you very much for sharing good content with us.

- John Devis
Magento Themes

Anonymous said...

I just enjoyed reading this article. In fact I must say that I have hardly ever come across such a masterpiece. Of late, though I have read articles related to this topic, but this has been the best ever article until now on this topic. I really have high hopes for your next article.
sildenafil citrate

Magento Templates said...

A great post for sure, keep up the good work in posting stuff like this.....

Well Done

Magento Themes

Леха said...

To achieve complete customer satisfaction, and keep to improvise in order to meet the needs of our customers, we conduct periodic online survey of customer satisfaction, impotencia sexual
comprar farmacos impotencia
Comprar Zyvox
which helps us to attract customers feedback. This helps us achieve our ultimate goal of customer satisfaction.

Hussam said...

Nice Posting, keep up the good work...

Commercial Buildings for Sale

Jason Smith said...

Hello,
This is an amazing information found here... Keep posting such an amazing blog post. Keep posting such an interesting blog post.

Regards,
Jason Smith, NY
Astermeds.com

Anonymous said...

Great website, looks very clean and organized. buy brand viagra online

komi said...

kwiaciarnia
lekomania blog
narkomania blog
terapia blog
uzależnienie blog
help blog
leczenie blog
greener grass
wojciech blog
stop drinking
perkins restaurant coupon
tires On sale
countertop
lampy nice
lampy old
lamps
lamp ikea
lampy salonowe
lampy wiszace
lampy luxusowe
lampy dekora
lampy ladne
lampy nowe
pozycjonowanie
kwiaciarnia

Unknown said...

Like I really understand about Israel and what it entails.

southwest credit card

Grace said...

We won't Aira because if we knew I'm sure the leaders would also knew what went wrong and make a step to be able to fix things up and doesn't end with ancient war.

make your own beats online

JohnHawk1989 said...

Wow really nice one.
Lovegra Online

ash said...

Gosh, lots of spammers that I get dizzy.

lego star wars death star

hassan said...

I am amazed to see such an amazing post. Keep up the good work.
party casino bonus

Melany Flemmings said...

a very amazing article! This is amazing. You really did a great job. I found your blog very interesting and very informative. Keep posting and sharing.

Denver Flights

SteveBrad said...

I would like read more information about this, is very interesting! Thanks for the information. A worth bookmarking blog. I would be reading your articles regularly from now on.

Frank said...

Thanks to a brilliant effort in publishing your article. One can be more informative as this.
Extenze Pills

Unknown said...

Really great post, Thank you for sharing Excellently written article
Thanks and Regards

Buy Online Silagra

Unknown said...

Wonderful Article!!
Thanks for sharing.


Realpharmacyx

AcePoPo said...

must say that overall I am really impressed with this blog. It is easy to see that you are passionate about your writing. If only I had your writing ability I look forward to more updates and will be returning.
Agen Bola

Agen Bola Online

Judi Bola

Judi Bola Online

Agen Judi Bola

Agen Kasino Online

Agen SBOBBET

Agen IBCBBET

Agen MAXBBET

Alternatif IBCBET

Baccarat Online

Agen Bola

Agen Bola Online

Judi Bola

Judi Bola Online

Agen Judi Bola

Agen Kasino Online

Agen SBOBBET

Agen IBCBBET

Agen MAXBBET

Alternatif IBCBET

Baccarat Online

Unknown said...

Poker Online
Agen Poker Online
Situs Poker Online
Judi Poker Online
Bandar Poker Online

AcePoPo said...

must say that overall I am really impressed with this blog.
It is easy to see that you are passionate about your writing.
If only I had your writing ability I look forward to more updates and will be returning.
Poker Online Indonesia

AcePoPo said...

Domino QQ

AcePoPo said...

Nice post. I used to be checking constantly this blog and I’m impressed!
Very useful information particularly the ultimate part :)
I take care of such information much.
I was seeking this particular info for a long time.
Thanks and best of luck.
Poker Online

Unknown said...

very good.keep it up!!!!!

Unknown said...

This site was... how do I say it? Relevant!! Finally I've found something that helped me. Many thanks! SEO Services in Lahore

mila said...

To apply for a short term 24h loan, candidates needn't assemble many prerequisites. Being employed, having an operational bank account, plus the inevitable residency cash advance guaranteed requirement suffice to pass the bar. Applicants' age should be 18 plus.