Illegal Distribution of Classified Intelligence

On August 16, a Pentagon analyst and two former officials of a pro-Israel lobbying group pleaded not guilty of conspiring to obtain and disclose classified defense information.^[1]

Lawrence Franklin, the Department of Defense analyst, was arrested by the FBI and charged with disclosing classified information related to potential attacks upon U.S. forces in Iraq in violation of 18 U.S.C. § 793(d).^[2] Mr. Franklin worked in the Office of the Secretary of Defense, at the Iran Desk in the International Security Affairs department.^[3] Mr. Franklin allegedly had lunch with two individuals on June 26, 2003, where he allegedly disclosed classified information which was designated Top Secret to the two individuals, neither of whom had Top Secret security clearance.^[4] Mr. Franklin also allegedly disclosed classified U.S. government information to a foreign official and members of the news media on other occasions.^[5] Furthermore, according to a FBI affidavit, a search of Mr. Franklin’s home in June of 2004, also yielded 83 separate classified U.S. government documents; at no time was Mr. Franklin’s home an authorized location for the storage of the documents.^[6]

Gathering and transmitting defense information is a serious federal crime. Under 18 U.S.C. § 793(d), it is a crime for a person, who lawfully has possession of or access to certain documents relating to national defense, to willfully

• communicate,
• deliver,
• transmit, or
• cause the communication, delivery, or transmission of

that information to a person who is not entitled to receive it.

Each violation of section 793 can be punished by a fine, imprisonment for up to 10 years, or both.

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[1] 2 Plead Not Guilty in Conspiracy Case, Wash. Post, Aug. 17, 2005, at A14, also available here.
[2] Dept. of Justice, Press Release: Defense Department Analyst Larry Franklin Arrested, Charged with Disclosing Classified Information, May 4, 2005, available here.
[3] Id.
[4] Id.
[5] Id.
[6] Id.