Secrecy News – Parties tangle over discovery in Kiriakou leak case

The trial of former CIA officer John Kiriakou, who is accused of making
unauthorized disclosures of classified information, has yet to begin.  But
prosecutors and defense attorneys are now locked in a dispute over what
classified information must be provided to the defense and can be cleared
for disclosure at trial.

The resolution of the current pre-trial arguments may have a decisive
effect not only on the outcome of Mr. Kiriakou's proceeding but on the
future use of the Espionage Act to penalize leaks of classified
information.  That's because the pending disagreements involving the nature
of the charge will determine the standard by which the defendant will be
judged.

"The government has no obligation to prove, and does not intend to prove,
that the defendant [Kiriakou] intended to harm the United States,"
prosecutors said in a September 26 motion that was unsealed last week.

"The government must prove only that the defendant had a 'reason to
believe' that the information 'could be used to the injury of the United
States or to the advantage of any foreign nation'.... The defendant's
intent to injure or serve the United States is not at issue."

        http://www.fas.org/sgp/jud/kiriakou/092612-resp83.pdf

Prosecutors rejected the contrary view of the defense that the government
must demonstrate an intent by the defendant to harm the United States.  In
a separate pleading last week, they said that view reflects a "misplaced"
reliance on a 2006 holding in the AIPAC case (US v. Rosen) in which the
court imposed a more stringent "intent" requirement on the prosecution,
particularly since the defendants there did not hold security clearances
and were dealing with information transmitted orally rather than with
classified documents.

        http://www.fas.org/sgp/jud/kiriakou/100212-resp82.pdf

"Rosen is distinguishable from this case... because Kiriakou transmitted
the information electronically, not orally, and Kiriakou had a recognized
obligation not to divulge classified, national defense information to those
not entitled to receive it," prosecutors said October 2.  (The latest
defense argument on the subject is still under seal.)

But whether an email message is more like "documentary" information or
like transcribed "oral" information seems to be an open question for the
Kiriakou court to decide, along with other fateful questions about the use
of the Espionage Act in leak cases.

U.S. ARMY DOCTRINE ON RELIGIOUS SUPPORT TO SOLDIERS

Military chaplains in the U.S. Army must have at least a Secret clearance.
"This allow them access to the unit operations center and ensures that the
chaplain is involved in the unit's operational planning process."

A newly updated Army doctrinal publication on Religious Support, which
describes the functions of chaplains, explains that "Religion plays an
increasingly critical role... across the range of military operations."

        http://www.fas.org/irp/doddir/army/fm1-05.pdf

"Chaplains and chaplain assistants continue to sustain programs that
nurture ethical decision making and facilitate religious formation and
spiritual development as an inseparable part of unit readiness."

"Throughout our history, chaplains and chaplain assistants have served
alongside combat Soldiers, enduring the same hardships, and bearing the
same burdens.  They are members of the profession of arms."

"Chaplains have served in the U.S. Army since the first days of the
American Revolution and many have died in combat. These chaplains
represented more than 120 separate denominations and faith groups from
across America."

"Six chaplains have been awarded the Medal of Honor for heroism above and
beyond the call of duty," the new Army Field Manual 1-05 noted.

However, "chaplains are noncombatants and do not bear arms.  Chaplains do
not have command authority."

Essentially, chaplains are expected to fulfill "three basic core
competencies: nurture the living, care for the wounded, and honor the
dead."

U.S. FOREIGN ASSISTANCE TO PAKISTAN, AND MORE FROM CRS

Last month, Secretary of State Hillary Clinton informed Congress that U.S.
national security interests required a waiver of statutory limitations on
security aid to Pakistan.  "The Secretary's accompanying justification for
the waiver was delivered in classified form," a newly updated report from
the Congressional Research Service noted, adding that the waiver "appeared
extremely difficult to justify" in view of Pakistan's uneven cooperation
with U.S. and NATO forces.  See Pakistan: U.S. Foreign Assistance, updated
October 4, 2012:

        http://www.fas.org/sgp/crs/row/R41856.pdf

Some other Congressional Research Service products that have not been made
readily available to the public include the following.

Jordan: Background and U.S. Relations, updated October 3, 2012:

        http://www.fas.org/sgp/crs/mideast/RL33546.pdf

Federal Grants-in-Aid Administration: A Primer, October 3, 2012:

        http://www.fas.org/sgp/crs/misc/R42769.pdf

Temporary Assistance for Needy Families (TANF): Welfare-to-Work Revisited,
October 2, 2012:

        http://www.fas.org/sgp/crs/misc/R42768.pdf

Sequestration: A Review of Estimates of Potential Job Losses, October 2,
2012:

        http://www.fas.org/sgp/crs/misc/R42763.pdf