Gov’t seeks to drop charges against Rosen and Weissman, JTA reports

It was inevitable. The Justice Department has moved to drop charges against two former Israel lobbyists of passing top-secret information to the Israelis, reports the Jewish Telegraphic Agency. The gov't acted because judicial rulings had set the bar too high for it to get a conviction, a Justice Department lawyer said. I guess Jane Harman will now say it was all a partisan witchhunt.

About Philip Weiss

Philip Weiss is Founder and Co-Editor of Mondoweiss.net.
Posted in Israel Lobby, US Policy in the Middle East

{ 49 comments... read them below or add one }

  1. Anon says:

    Re: intent requirement, what they seem to be saying is that if a spy actually believes the neocon view that US and Israel have identical interests, he can't possibly be guilty of spying. Am I missing something?

  2. Sand says:

    Jeff Stein responds to Laura Rozen: AIPAC Verdict Sure to Fuel More Harman Conspiracy Theories By Jeff Stein | May 1, 2009 http://blogs.cqpolitics.com/spytalk/2009/05/aipac...

  3. Ed says:

    This explains why the the Harman tape was leaked when it was. The Zionist-owned Democratic Party always intended to drop the charges as soon as a Democrat was elected president regardless of evidence, and fed-up patriots in the intelligence sector wanted to make sure they got in a couple of shots before the country was betrayed (yet again) on behalf of Israel by the corrupt elites. Both parties have way too many Zionist co-opted politicians to ever let a case like this be aired in public. Who knows where it would end for the corrupt two-party regime. Probably the only reason charges were brought in the first place was because there were still a few fools in Justice who thought the purpose of their agency was to enforce the law instead of its actual mandate: to protect the power of the corrupt elites.

  4. Oscar says:

    The Harman leak clearly was timed to get out in front of the charges being dropped. The missing puzzle piece for Jeff Stein is whether the "Israeli agent" under surveillance had gone to other Congressional friends of AIPAC to ask them to wade in. Or whether Harman did intervene in an untraceable manner. By the way, the other side does seem to be winning so far in 2009: 1) Freeman deep-sixed, 2) Harman skates; 3) dropped charges.

  5. Sand says:

    That has not gone un-noticed. So what happens to Franklin? Wondering if Scott Horton has a guest lined up today — waiting for 'this day' — to tell us and the newbies what went wrong with the case 'from the very beginning' 4) Rosen is going to be a very very rich man.

  6. Sin Nombre says:

    Brilliant analysis. Simply brilliant.

  7. Ed says:

    Next scalp: war with Iran. It's as if Washington's water is spiked with a toxin that inspires the immediate post election betrayal of the very people who voted the politicians in. Or perhaps the Israel lobby is going around the capital city performing mind melds — with a pot of money on the side. How will the Israel lobby ever be forced to register as a foreign agent if it owns those who write the rules? How will America ever be able to free itself from fighting wars for Israel when the two-party regime can't produce even one politicians with an iota of integrity or character? The entire Washington edifice is rotten with corruption from top to bottom.

  8. Sin Nombre says:

    More's the better? I.e., where's the bigger benefit? Punishing this one piddly incident of this crap, or publicizing and enraging people over the fact that this crap is going on all the time and the gov't is either directly complicit in it or at least complicit in covering it up?

  9. Madrid says:

    In my humble opinion, this was the quid pro quo in return for Specter joining the Democratic party. Long term it does not help the Israel Lobby to have all of its chief representatives in the Democratic party, so the lobby had to compromise some with Specter's crossing party lines. If Specter had simply resigned it would have been worse for everyone (the Lobby and the Obamanoids), because the guy that was running as a Republican against Specter in the primaries is a pretty talented pol, and depending on how the economy is this fall, he might have won. The greatest threat to the lobby now is a republican party based on xenophobic nationalism. The left has utterly failed to stand up to the lobby, and it will bite us all in the ass in the end.

  10. Colin Murray says:

    from the JTA article:

      "Intent requirements" refers to an earlier Ellis ruling that the government must prove that Keith Weissman, the American Israel Public Affairs Committee's former Iran analyst, and Steve Rosen, its former foreign policy chief, intended not only to assist Israel but to harm the United States.

    The intent requirements were put forth by Judge Ellis in clear violation of the letter of the law. Read it and decide for yourselves. The indictment specifies that Mr. Rosen violated 18 USC Section 793 paragraphs (d), (e), & (g). The following excerpts from paragraphs (d) and (e) were obtained from <a href="link to frwebgate1.access.gpo.gov
    and bold emphases are mine. (d) … or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, … (e) … or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, … The or clearly indicates that the prosecution should have been able to convict upon the basis of 'advantage to a foreign nation', not just intent to 'cause injury to the United States'. This takes a first grade level of English skills to figure out, not a JD. Do government lawyers not have access to dictionaries to look up the difference between the definitions of 'or' and 'and'? It is preposterous that the prosecution did not appeal this all the way to the Supreme Court. Why did this not happen, and who made the decision? In the United States of America of 2009, Zionists are above the law. Being above the law is being outside the law: a prolonged continuation of Zionist lawlessness will birth yet more lawlessness, to the detriment of all Americans. Since the evidence against Mssrs Rosen and Weissman will not be seen in a court of law, ALL of the evidence that the prosecution had previously planned on making public during the trial should now be released, by leak if necessary, to the general public. Sweeping this incident under the rug will only fuel anti-semitism. Israel-first pro-colonization Zionists are apparently completely willing to let the reputations and standing of all American Jews suffer if their involuntary sacrifice is of benefit to Israel.

  11. Sand says:

    I don't know what happened to my previous reply to you? Anyways… my main point was I was going to put in a 4th: 4) and Rosen is going to be a very very rich man.

  12. Colin Murray says:

    The last legal loose end … I wonder how Mr. Larry Franklin is going to make out? He was sentenced to 12 1/2 years, but apparently has been free pending the trial. There was a deal for a recommendation for a reduction of sentence in return for his cooperation with DoJ investigators. How much of a break will he get since he didn't actually testify against Mssrs. Rosen and Weissman? Presumably he will be reporting to a Federal prison in the next several days to start his sentence.

  13. Kathleen says:

    No need to call it a "justice Department" The MSM will be all over this now that it is over. Diane Rehm who has not touched this story and the rest will report more about this in the next week than we have heard in four years. What power, What influence. Larry Franklin takes the hit, the media barely reports about the investigation and 9 time delayed trial, Rosen takes out Charles Freeman, the MSM starts reporting when it was announced that the trial would be dismissed, Jane Harmans connection in this spy case is swept under the rug, the trial is dismissed just days before the beginning of the Aipac conference. What Power What influence What undermining of U.S. national Security http://jta.org/news/article/20.....rs-dropped Israel and the I lobby win….U.S. national security loses NEXT STOP IRAN

  14. Kathleen says:

    FOLKS NEED TO GET THE HORN ON MONDAY AND CALL THEIR REPS DEMANDING THAT AIPAC BE REQUIRED TO REGISTER UNDER the FOREIGN AGENTS REGISTRATION ACT http://www.usdoj.gov/criminal/fara/ Let them know you have had it with the disproportionate amount of power and influence that this body of people who represent a foreign country have. They need to required to register under the FARA

  15. wadosy says:

    give them enough rope, they'll hang themselves. they always do.

  16. Jacqueline_Hyde says:

    Just took a boo at LR's site. Looks like she's come around. She's taking the "balanced" approach: Every bit as disgusting to insinuate someone falsely as Israeli spy on such bogus premise as those who casually call people anti Semites to stifle debate and marginalize people whose politics they don't like.

  17. LanceThruster says:

    Fling you out into orbit No one's going to hear you shout And fools aren't going to follow You don't send the sleaze about Now you're sad sad sad Sad sad sad Sad sad sad But you're gonna be fine The elephant's in the bedroom Throwing all his weight about And I'm locked in the bathroom Your screaams are gonna drown me out Now you're sad sad sad Sad sad sad Sad sad sad But you're gonna be fine I got a cold chill I get a cool thrill Are you ready for the gilded cage Are you ready for the tears of rage Come on baby, don't let them drown you out Now you're sad sad sad Sad sad sad Sad sad sad But you're gonna be fine You're gonna be fine You're gonna be fine….. — Maybe not. I know I'm sad.

  18. Colin Murray says:

    We should all take the opportunity to thank all the hard-working folks at DoJ and elsewhere who spent years trying to ensure that all Americans are judged equally under the law. I suspect no one is more disappointed than they. Their efforts have had a profound impact. One of the guilty, Larry Franklin, is going to jail, and coverage of the trial, as spotty as it has been, has definitely played a role in awakening the American public to the threat the Lobby poses to American national security. Good job guys and gals.

  19. Peaceful_Idiot says:

    Raimondo weighs in on Israel, Iran, and Harman: http://antiwar.com/radio/2009/04/30/philip-weiss-...

    That nervousness is manifested in a new, more aggressive tone and tactics. The leering arrogance of the Lobby and its public spokespersons in the face of mounting public criticism and organized opposition really is a sight to behold: exhibit "A" is their latest response to the recent scandal involving Rep. Jane Harman. The California Democrat was overheard on an FBI eavesdropping tape offering to help get the charges against two AIPAC officials accused of espionage reduced, in exchange for piles of Haim Saban’s money and lobbying by AIPAC to get Harman appointed chair of the House intelligence committee. When Jeff Stein of the Congressional Quarterly exposed this fact, Harman went on a one-day media blitz, appearing on cable news outlets and National Public Radio, hysterically (and ineffectively) denying her obvious guilt. The next day she hired Lanny Davis, the well-connected Clintonite lawyer and public relations flack whose specialty is bailing out Democrats in hot water. From that point, the Harman camp’s pushback went from Harman’s screeching denials and her comically self-contradictory "explanations," to dismissive "humor," as Congressional Quarterly reports: "Embattled California Rep. Jane Harman, D-Calif., shrugged off woes over a wiretapping controversy Wednesday and claimed ‘Best Team Name Honors’ for this year’s Capital Challenge mini-marathon race. "’Tapped Out,’ an obvious reference to revelations that Harman was overheard by government wiretappers in conversations with a suspected Israeli intelligence agent in 2005, evidently won the judges’ hearts as best team moniker." It’s all a joke, nothing to get too excited about — that’s how the Lobby thumbs its nose at the American people, and, with the collusion of our elected officials, continues to get away with fatally distorting American foreign policy and taking us down the road to war.

    And don't forget to catch Phil being interviewed by Scott Horton (the OTHER Scott Horton, from antiwar radio and not the one from Harpers, although both are great!): http://antiwar.com/radio/2009/04/30/philip-weiss-...

    Investigative journalist Philip Weiss discusses all the implications of the Jane Harman wiretap story the MSM hasn’t run with yet, the evidence of Israeli attempts to dominate U.S. policy decisions on Iran to start a war, the J Street lobby’s moderating influence and how Israeli leaders are oblivious of the political re-evaluation of Israel by American Jews.

    From the interview, "They'll probably drop the case." Cassandra strikes again!

  20. Citizen says:

    The Department of Justice has now reaffirmed that the law of the United States protects citizens who engage in the everyday and essential work of political advocacy," said AJC Executive Director David Harris. The word "or" in law is never ignored by any attorney, whether it's in a contract or a criminal code, for example. "or to the advantage of any foreign nation, willfully communicates…" Ellis's ruling should have been appealed. Colin is correct. Good luck getting the name of the person who made the decision to ignore the very obvious plain letter of the law. Absolutely a political decision. Apparently there is no effective rule of law in the USA applicable to AIPAC. Very telling. No question the tail wags the dog.

  21. Peaceful_Idiot says:

    Apparently there is no effective rule of law in the USA applicable to AIPAC.

    Or the entire top tier of American Society (e.g. Bailouts, Torture), of which AIPAC is a part.

  22. Sand says:

    Her 'outrage' is noted.

  23. Jacobwolfen says:

    Franklin is guilty, the other two certainly did nothing wrong, morally or ethically.

  24. Jacobwolfen says:

    Of course the rule of law is in effect. It just was wrongly applied and has now been corrected.

  25. Chris says:

    So much for claims of The Lobby that assertions of massive Zionist power and influence within American Government and Media are "mere anti-Semitic canards or Jew-baiting." Scummy neocons are rejoicing at the moment, although perhaps a bit prematurely, as historical events are not going their way.

  26. Jacobwolfen says:

    The bigger benefit is that the faction that attempted to press ambiguous charges against Jews, just because they are Jews, has been exposed.

  27. tommy says:

    Specific individuals were charged for specific acts. Whatever ethnic or religious community those individuals may belong to had no bearing on the original charges, and those communities were not charged with, or even suspected of, any crime. Only the individuals charged were suspected of being traitors.

  28. Kathleen says:

    Aipac Above the Law. remember folks call your reps on Monday and tell them vote no on H.R. 1985

  29. Ed says:

    I just noticed the timing of this — a Friday, where news pertinent to government corruption is always dumped in the hope that fewer will notice. You’ve really got to hand it to the Israel lobby, the Democrats and their partners in graft and treason: they know how to run an elaborate grift, right down to the news of it being whitewashed. And in retrospect, their "yes we can" mantra of change in order to exploit the opposition to war was also a lesson in a masterfully played bait and switch con game. No wonder the Republicans never seemed too upset over the massive victory by the Dems — the only "change" is more of the same, only on a bigger scale. And all it meant for Republicans like Arlen Specter was a change of lapel pins, from elephants to donkeys.

  30. estebanfolsom says:

    they lie they cheat they steal yet we let them take the wheel we’re going out saturday night going to get in a really big fight and hope that it don’t get too real

  31. Peaceful_Idiot says:

    Once Obama kissed AIPAC's rings his election was a lock (and probably before that, the ring kissing and the entire election was a mere formality). The R's didn't stand a chance (not that they deserved one, except for the one they laughed at and whose supporters they are now trying to sleazily co-opt with tea bags since the Neocons jumped ship and swan back home to the Good Ship USS Liberal Interventionist, waving the standard of the Foreign Policy Initiative.

    And in retrospect, their "yes we can" mantra of change in order to exploit the opposition to war was also a lesson in a masterfully played bait and switch con game.

    That is what sickens me the most, the way the Liberal Interventionist Antiwar Fakers cried for a decade about George Bush: War Criminal, only to become Af-Pak cheerleaders and "MoveOn" when it was time to put on the cheerleader uniform and rah rah rah! for Barack Obama: War Criminal.

  32. CrazyWisdom says:

    To AIPAC, I hope you enjoy this gift as you start your annual conference. Love Obama

  33. thedhimmi says:

    Phil and the likes of Raimando, WRMEA, Silverstein and the rest of the Israel haters got this story wrong from the very beginning. Rosen and Weissman are simply innocent. Case dismissed. Total exoneration. The decent thing for Phil to do is apologize to Rosen and Weissman, though it will never happen.

  34. thedhimmi says:

    Colin Murray: "The intent requirements were put forth by Judge Ellis in clear violation of the letter of the law." Judge Ellis was upheld unanimously by the Appeals Court, but maybe you know more than them. We could all use a few more pages of your legal opinions. Maybe Obama should have you fill the new Supreme Court vacancy since you you are so knowledgeable. The country needs a legal scholar of your stature.

  35. Peaceful_Idiot says:

    Rosen and Weissman are simply innocent. Case dismissed. Total exoneration.

    Oh please, if those two gentlemen were Palestinians and/or associated with the Arab Lobby they wouldn't even get a trial and would be swinging from the gallows as treasonous traitors or rotting in a cell in Cuba or Afghanistan while you and your ilk cheer on the lynch mob as at the top of your lungs, chanting mindlessly about justice and patriotism.

  36. tommy says:

    Every Israeli supporter should now be suspected of providing classified information to Israel. Rahm Emanuel probably does it every day.

  37. udummy says:

    Tell that to Franklin.

  38. udummy says:

    That issue was never appealed.

  39. Joshua says:

    Wow, the gnashing of teeth of some people over this is both humorous and frightening at the same time. There is one other loose end at this point. There are obviously some people in the government whose anti-semitism runs so high that they were leaking classified information to both smear Harman and to put political pressure on the prosecutor who realized that the government couldn't prove its case. Who leaked this information and what punishment is appropriate for these people? Phil used to be an investigative journalist. Perhaps he could use his talent to expose this conspiracy against two great Americans?

  40. Jacob Wolfen says:

    It appears that justice applies for Jews.

  41. Colin Murray says:

    I wonder why? This point was obviously a case-killer; it seems to me the evidentiary problems would have come down to simply how much classified information the government was willing to reveal in open court. Proving that the defendants were trying to harm the United States would have been orders of magnitude more difficult than trying to prove that they were trying to help Israel (by breaking US law). I myself doubt whether any of the defendants had harming the United States at the top of their minds. They were, however, obviously trying to help Israel first and foremost, and if US interests or law got in the way, that was too bad, and an acceptable price (for the rest of us) to pay. Was Judge Ellis' obviously fallacious ruling on intent (requiring proof of intent to harm, flipping the or to an and, see earlier post) the most recent one, in early 2009? If so, then a decision not to appeal this point would have been taken during the Obama administration. The team for the government has been the same from at least June to October of 2008, the date that the last appeal listed on the FAS website was argued:

      Chuck Rosenberg, United States Attorney, James L. Trump, W. Neil Hammerstrom, Jr., David B. Goodhand, Assistant United States Attorneys, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia; Michael C. Martin, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.

    I am not sure where 'bucks-stops-here' authority lies when making a decision not to appeal a ruling, but I rather suspect that in a case of this importance the USA and his staff would at least be given 'guidance' from higher up the chain of command. By the way, the statement of facts (starts p. 14 in pdf doc) in APPEAL RECORD NO. 08-4358 makes it very clear that the defendants knew that what they were doing was illegal. They were wiretapped saying exactly that. Read the document if you have any doubt. This should have been a slam dunk case. Hopefully someone in the know will write a 'tell-all' book or article about it after retirement.

  42. Colin Murray says:

    There are obviously some people in the government whose anti-semitism runs so high that they were leaking classified information to both smear Harman… Joshua, even if it was illegal, does it count as an actual smear if it was true? And if the reported record of her words is true, does the illegality of its release necessarily make the leakers anti-semitic? Who leaked this information and what punishment is appropriate for these people? Joshua is jazzed about vengeance against those who stand up for America. Good luck with that, hehe! :) I don't believe for a second that the prosecuting United States Attorney or his staff had anything to do with the leak. It was someone else, who I have even less doubt was smart enough to cover their ass well enough not to get caught. But by all means, you Israel-firsters should run around seeking vengeance like a bull in a China-shop. Just please wait long enough for me to grab another beer and settle in for the entertainment.

  43. DICKERSON3870 says:

    Does this mean that Franklin will be pardoned?

  44. syvanen says:

    It is sad. Poor goyim Franklin faces a dozen years in jail, while his lobby supported accmomplices will skate. Perhaps from now on those goyim who wish to conspire with the lobby will realize that they are not immune even if their coconspirators are.

  45. romm says:

    Lots of legal jeniuses here. There is anybody who is NOT a lawyer here? And why is everybody agree that they are guilty? Because your conspiracy theory sounds so convincing? Look at the mirror.

  46. tommy says:

    Citizens should be expected to be upset with traitors.

  47. Jacob Wolfen says:

    Franklin commited treason for private gain. The Jews merely saw this as a typical exchange in which they were expected to relay the information. In other words, the Jews were totally innocent and Franklin totally guilty. Poor franken? He sold you out.

  48. special says:

    Franklin did what Harmon did. Anyway everybody's innocent since the USA's interest is the same as Israel's.

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