By MATTHEW BARAKAT, Associated Press
WASHINGTON (AP) — A former CIA officer accused of leaking the names of covert operatives to journalists is expected to enter a guilty plea as part of a plea deal.
A change of plea hearing was scheduled for Tuesday in U.S. District Court in Alexandria, Va., for John Kiriakou. He initially pleaded not guilty to the charges that he disclosed the names of two covert CIA operatives.
The apparent change comes shortly after Kiriakou lost a key pre-trial ruling that established a lower legal burden for prosecutors to prove their case. Kiriakou's lawyers had argued unsuccessfully that prosecutors should have to prove that Kirkiakou intended to harm the United States through his alleged leaks. Such a strict legal standard had been imposed recently on a leaks prosecution against two pro-Israel lobbyists.
But U.S. District Judge Leonie Brinkema ruled last week that such a high standard should not apply to Kiriakou, a government employee with top-secret security clearances who knew well the dangers of disclosing classified information.
Instead, prosecutors would only have to show that Kiriakou had "reason to believe" that the information could be used to injure the U.S.
Court records do not make clear exactly what charges Kiriakou would plead to. When he was indicted in April, he was charged with one count of disclosing classified information identifying a covert agent, three counts of illegally disclosing national defense information and one count of making false statements. He faced up to 45 years in prison if convicted on all counts in the indictment.
Kiriakou, who wrote a book detailing his CIA career, had tried to argue after the charges were filed that he was a victim of vindictive prosecution by government officials who believed he portrayed the CIA negatively, but the judge rejected those arguments as well.
Peter Carr, a spokesman for U.S. Attorney for the Eastern District of Virginia Neil MacBride, whose office is prosecuting the case, declined comment Monday. Kiriakou's attorney, Robert Trout, also declined comment.
Kiriakou was a CIA veteran who played a role in the agency's capture of al-Qaida terrorist Abu Zubaydah in Pakistan in 2002. Abu Zubaydah was waterboarded by government interrogators and eventually revealed information that led to the arrest of "dirty bomb" plotter Jose Padilla and exposed Khalid Sheikh Mohamed as the mastermind of the Sept. 11, 2001 terror attacks.
Accounts conflict, though, over whether the waterboarding was helpful in gleaning intelligence from Zubaydah. Kiriakou, who did not participate in the waterboarding, expressed ambivalence in news media interviews about use of the tactic.
Court papers indicate that the investigation of Kiriakou began in 2009 when authorities became alarmed after discovering that detainees at Guantanamo Bay possessed photographs of CIA and FBI personnel. The investigation eventually led back to the alleged leaks by Kiriakou, according to a government affidavit.
The papers indicate prosecutors believe Kiriakou leaked the name of one covert operative to a journalist, who subsequently disclosed the name to an investigator working for the lawyer of a Guantanamo detainee.
Kiriakou had planned to subpoena three journalists connected to the case. Those journalists had filed motions to quash the subpoenas, but that issue will now be rendered moot by the apparent plea deal.