Huffington Magazine Issue 3-4 | Page 82

HUFFINGTON 07.01-08.12 SQUELCHING SECRETS also charged former CIA agent Jeffrey Sterling with violating the Espionage Act for leaking classified information to New York Times reporter James Risen about a botched attempt to lead the Iranian nuclear program astray. That case may also come undone, the Justice Department has said, unless Risen is forced to testify about his sources — a request that ran afoul of a district court judge and an appellate panel in May. Now, rumors are circulating in Washington’s good-government community that the prosecution recognizes that it has a weak case against Kiriakou, too — if it has a case at all. Sources knowledgeable about the case but not authorized to speak on behalf of either party told Huffington that prosecutors have met several times with Kiriakou’s defense team to discuss “hypothetical” plea deals. These hypotheticals reportedly started with Kiriakou serving 10 years in prison. Days before his April indictment, the hypothetical deals had ratcheted down to no prison time, and a guilty plea only to lying to the FBI. Kiriakou is said to have rejected all the offers, refusing to admit any guilt. Cacheris, Kiriakou’s lawyer, “This is the heavy hammer in the  arsenal. They keep losing these cases  and yet they keep reaching for it time and again and you’ve got to  wonder: What the hell is up with that?” would only say that he and prosecutors have discussed matters related to sentencing “generally, but nothing serious, because we’re sort of looking to go to trial.” Asked about plea agreements in particular, Cacheris said, “We’ve had meetings to discuss discovery issues. There’s nothing on any plea agreement pending, at least not now.” Samborn, Fitzgerald’s spokesman, said that “Justice Department rules prohibit discussions about possible pleas or plea negotiations.” Radack said that if prosecutors are indeed talking about no jail time, it “shows how flimsy the case is.” If prosecutors believe Kiriakou to be guilty of multiple espionage charges, “surely they wouldn’t let him walk away,” Radack said. Matt Miller, a former Justice Department spokesman who is