From spy to source to convict

Scott Shane / New York Times News Service /

WASHINGTON — Looking back, John Kiriakou admits he should have known better. But when the FBI called him a year ago and invited him to stop by and “help us with a case,” he did not hesitate.

In his years as a CIA operative, after all, Kiriakou had worked closely with FBI agents overseas. Just months earlier, he had reported to the bureau a recruiting attempt by someone he believed to be an Asian spy.

“Anything for the FBI,” Kiriakou replied.

Only an hour into what began as a relaxed chat with the two agents did he begin to realize just who the target of their investigation was. Finally, the older agent leaned in close and said, by Kiriakou’s recollection, “In the interest of full disclosure, I should tell you that right now we’re executing a search warrant at your house.”

On Jan. 25, Kiriakou is scheduled to be sentenced to 30 months in prison as part of a plea deal in which he admitted violating the Intelligence Identities Protection Act by emailing the name of a covert CIA officer to a freelance reporter, who did not publish it.

The law was passed in 1982, aimed at radical publications that deliberately sought to out undercover agents, exposing their secret work and endangering their lives.

In more than six decades of fraught interaction between the agency and the news media, Kiriakou is the first current or former CIA officer to be convicted of disclosing classified information to a reporter.

Kiriakou, 48, earned numerous commendations in nearly 15 years at the CIA, some of which were spent undercover overseas chasing al-Qaida and other terrorist groups. He led the team in 2002 that found Abu Zubaydah, a terrorist logistics specialist for al-Qaida, and other militants whose capture in Pakistan was hailed as a notable victory after the Sept. 11 attacks.

He got mixed reviews at the agency, which he left in 2004 for a consulting job. Some praised his skills, first as an analyst and then as an overseas operative; others considered him a loose cannon.

Kiriakou first stumbled into the public limelight by speaking out about waterboarding on television in 2007, quickly becoming a source for national security journalists, including this reporter, who turned up in Kiriakou’s indictment last year as Journalist B. When he gave the covert officer’s name to the freelancer, he said, he was simply trying to help a writer find a potential source and had no intention or expectation that the name would ever become public. In fact, it did not surface publicly until long after Kiriakou was charged.

He is remorseful, up to a point. “I should never have provided the name,” he said Friday in the latest of a series of interviews. “I regret doing it, and I never will do it again.”

At the same time, he argues, with the backing of some former agency colleagues, that the case — one of an unprecedented string of six prosecutions under President Barack Obama for leaking information to the news media — was unfair and ill-advised as public policy.

His supporters are an unlikely collection of old friends, former spies, left-leaning critics of the government and conservative Christian opponents of torture. Whatever his loquaciousness with journalists, they say, he neither intended to damage national security nor did so.

The leak prosecutions have been lauded on Capitol Hill as a long-overdue response to a rash of dangerous disclosures and defended by both Obama and his attorney general, Eric Holder.

Neil MacBride, the U.S. attorney for the Eastern District of Virginia, hailed Kiriakou’s conviction in a statement, saying: “The government has a vital interest in protecting the identities of those involved in covert operations. Leaks of highly sensitive, closely held and classified information compromise national security and can put individual lives in danger.”

The leak case is a devastating turn for Kiriakou, a father of five who considers himself a patriot, a proud Greek-American from Pennsylvania steel country. After he was charged last January, his wife, though accused of no wrongdoing, resigned under pressure from her CIA job as a top Iran specialist. He said he had paid his defense lawyers more than $100,000 and still owed them $500,000.

After Kiriakou first appeared on ABC, talking with Brian Ross in some detail about waterboarding, many Washington reporters sought him out. He was the first CIA officer to speak about the procedure, considered a notorious torture method since the Inquisition but declared legal by the Justice Department in secret opinions that were later withdrawn.

Kiriakou, who has given The New York Times permission to describe previously confidential conversations, came across as friendly, courteous, disarmingly candid — and deeply ambivalent about what the CIA called “enhanced interrogation techniques.”

From court documents and interviews, it is possible to piece together how the case against Kiriakou took shape. When he first spoke on ABC in 2007, the CIA sent the Justice Department a so-called “crimes report” — a routine step to alert law enforcement officials to an apparent unauthorized disclosure of classified information. At least half a dozen more referrals went to Justice as he continued to grant interviews covering similar ground.

Then, in 2009, officials were alarmed to discover that defense lawyers for detainees at Guantanamo Bay, Cuba, had obtained names and photographs of CIA interrogators and other counterterrorism officers, including some who were still under cover. It turned out the lawyers, working under the name of the John Adams Project, wanted to call the CIA officers as witnesses in future military trials, perhaps to substantiate accounts of torture or harsh treatment. But initial fears that al-Qaida might somehow be able to stalk their previous captors drew widespread coverage.

FBI agents discovered that a human rights advocate hired by the John Adams Project, John Sifton, had compiled a dossier of photographs and names of the CIA officers; Sifton had exchanged emails with journalists, including Matthew Cole, a freelancer then working on a book about a CIA rendition case in Italy that had gone awry; and Cole had exchanged emails with Kiriakou. The FBI used search warrants to obtain access to Kiriakou’s two personal email accounts.

According to court documents, FBI agents discovered that in August 2008, Cole — identified as Journalist A in the charging documents — had asked Kiriakou if he knew the name of a covert officer who had a supervisory role in the rendition program, which involved capturing terrorist suspects and delivering them to prison in other countries.

Kiriakou at first said he did not recall the name, but followed up the next day with an email passing on the name.

Sifton, Cole and federal prosecutors declined to comment.

Prosecution of leaks during the Obama administration

Thomas Drake — A former official at the National Security Agency accused of leaking information about waste and mismanagement to The Baltimore Sun and charged with unlawful retention of secrets.

Disposition: Prosecutors dropped the felony charges as part of a deal in which Drake pleaded guilty to a misdemeanor. He was sentenced to one year of probation and community service.

Stephen Jin-Woo Kim — A former State Department analyst accused of leaking information about North Korea to Fox News.

Disposition: Kim has pleaded not guilty and has not yet gone on trial.

Bradley Manning — An Army intelligence analyst accused of leaking archives of military and diplomatic files to the antisecrecy organization WikiLeaks.

Disposition: Pvt. Manning faces a probable court-martial later this year.

Shamai Leibowitz — A former FBI contract linguist accused of disclosing information to a blogger.

Disposition: Leibowitz pleaded guilty and was sentenced to 20 months in prison.

Jeffrey Sterling — A former CIA official accused of leaking information about an effort to sabotage Iranian nuclear research for a chapter in “State of War.”

Disposition: Sterling pleaded not guilty. The Justice Department is appealing several of the judge’s pretrial rulings about evidentiary issues, saying they effectively terminated the case.

John Kiriakou — A former CIA official accused of leaking information about the identity of agency officials involved in interrogation of terrorism suspects.

Disposition: Kiriakou pleaded guilty in October to a single violation of the Intelligence Identities Protection Act and is scheduled to be sentenced on Jan. 25 to 30 months in prison.