Secrecy News – DETAINED LINGUIST SEEKS RELEASE FROM JAIL

James F. Hitselberger, a Navy contract linguist who was charged under the
Espionage Act for mishandling classified records, yesterday asked a court
to release him from pre-trial detention.  His release would pose no hazard,
and he is not a flight risk, his public defenders said.

Mr. Hitselberg allegedly removed classified records from a secure facility
in Bahrain, and had previously donated classified materials to the Hoover
Institution, which maintains a James F. Hitselberger Collection.  He is not
suspected of transmitting classified information to a foreign power.  See
"Document Collector Charged Under Espionage Statute," Secrecy News,
November 7, 2012.

        http://www.fas.org/blog/secrecy/2012/11/collector_charged.html

According to prosecutors, Mr. Hitselberger is a shadowy figure who might
vanish if released from custody.  They urged that he be detained until
trial.

"For almost eight months, the defendant, James Hitselberger, has lived as
a fugitive," according to a November 29 government memorandum.  "He speaks
multiple foreign languages, has an apparent network of friends and
acquaintances overseas, and is adept in adapting to foreign surroundings."

        http://www.fas.org/sgp/jud/hitsel/112912-detention.pdf

But in a motion for reconsideration filed yesterday, defense attorneys
said that prosecutors had misrepresented the facts.

        http://www.fas.org/sgp/jud/hitsel/120412-recon.pdf

Mr. Hitselberger "neither fled nor hid from law enforcement officials." 
He "never tried to conceal his identity or location."  Although government
officials had his contact information, "no government agent ever contacted
Mr. Hitselberger or asked him to return to the United States."

"The facts demonstrate that Mr. Hitselberger was not a fugitive, [and he]
cooperated with law enforcement in the investigation of his conduct... He
was never told that law enforcement agents required him to return to the
United States, and he did not 'flee' from law enforcement," defense
attorneys wrote.

Even prosecutors admitted that "Hitselberger has no history of violence.
Nor has the government's investigation revealed that he has tried to pass
any of the classified information he has acquired to a foreign power."

Under the circumstances, defense attorneys asked the court to release Mr.
Hitselberger from pre-trial detention into the custody of his family, and
under electronic monitoring.

"The evidence does not support a finding that Mr. Hitselberger would be a
substantial risk of flight or a danger to the community if released," they
wrote. "Mr. Hitselberger will comply with conditions of release and has
neither the passport necessary nor the will to flee."

The offenses allegedly committed by Mr. Hitselberger are undoubtedly
violations of classification policy.  But the notion that they rise to the
level of multiple felonies is hard to credit, and suggests an excess of
zeal among prosecutors.

A status conference in the case will be held on December 13.

See also "Linguist charged with pilfering records seeks release" by Josh
Gerstein, Politico, December 5:

        http://www.politico.com/blogs/under-the-radar/

HOW A BILL BECOMES A LAW, AND MORE FROM CRS

On January 6, 2013 Congress will convene to count electoral votes and to
formally certify the results of the last presidential election.  The
process was detailed by the Congressional Research Service in "Counting
Electoral Votes: An Overview of Procedures at the Joint Session, Including
Objections by Members of Congress," November 30, 2012:

        http://www.fas.org/sgp/crs/misc/RL32717.pdf

The declining economic condition of many state governments is examined by
CRS in "State Government Fiscal Stress and Federal Assistance," December 3,
2012:

        http://www.fas.org/sgp/crs/misc/R41773.pdf

And for members of Congress who never had civics class, CRS explains how a
bill becomes a law in "Introduction to the Legislative Process in the U.S.
Congress," November 30, 2012:

        http://www.fas.org/sgp/crs/misc/R42843.pdf

See also the elementary "Introduction to the Federal Budget Process,"
December 3, 2012:

        http://www.fas.org/sgp/crs/misc/98-721.pdf

Other new and updated CRS reports that Congress has not made publicly
available include the following.

Congressional Salaries and Allowances, December 4, 2012:

        http://www.fas.org/sgp/crs/misc/RL30064.pdf

Alternative Minimum Taxpayers by State: 2009, 2010, and Projections for
2012, December 4, 2012:

        http://www.fas.org/sgp/crs/misc/RS22083.pdf

Offsets, Supplemental Appropriations, and the Disaster Relief Fund:
FY1990-FY2012, December 4, 2012:

        http://www.fas.org/sgp/crs/misc/R42458.pdf

The Bayh-Dole Act: Selected Issues in Patent Policy and the
Commercialization of Technology, December 3, 2012:

        http://www.fas.org/sgp/crs/misc/RL32076.pdf

Technology Transfer: Use of Federally Funded Research and Development,
December 3, 2012:

        http://www.fas.org/sgp/crs/misc/RL33527.pdf

Industrial Competitiveness and Technological Advancement: Debate Over
Government Policy, December 3, 2012:

        http://www.fas.org/sgp/crs/misc/RL33528.pdf

Cooperative R&D: Federal Efforts to Promote Industrial Competitiveness,
December 3, 2012:

        http://www.fas.org/sgp/crs/misc/RL33526.pdf

IMF Reforms: Issues for Congress, December 4, 2012:

        http://www.fas.org/sgp/crs/misc/R42844.pdf

China's Economic Conditions, December 4, 2012:

        http://www.fas.org/sgp/crs/row/RL33534.pdf

Federal Emergency Management: A Brief Introduction, November 30, 2012:

        http://www.fas.org/sgp/crs/homesec/R42845.pdf

_______________________________________________
Secrecy News is written by Steven Aftergood and published by the
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_______________________
Steven Aftergood
Project on Government Secrecy
Federation of American Scientists
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email:  saftergood@fas.org
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twitter: @saftergood