Disclosure of Classified Information—Franklin Guilty Plea

Pentagon analyst Lawrence A. Franklin has pleaded guilty to giving classified information to an Israeli diplomat and to members of the American Israel Public Affairs Committee [hereinafter AIPAC], a pro-Israeli lobbying group.^[1] Mr. Franklin, who said he leaked the classified information because he was frustrated with an unspecified US government policy, pleaded guilty to three felony counts while three other felony charges were dropped.^[2] Claiming that he never intended to harm the United States, Mr. Franklin stated during the plea hearing that he leaked the information to two members of AIPAC with the hope that the two people would then give that information to their contacts on the National Security Council.^[3] In addition, Mr. Franklin admitted giving classified information to Naor Gilon, who is a political officer at the Israeli embassy, but felt that he “knew in [his] heart that [Gilon’s] government had this information.”^[4]

Mr. Franklin worked for policy undersecretary Douglas Feith, and he also was occasionally questioned directly by Secretary of Defense Donald Rumsfeld.^[5] For that reason, Mr. Franklin explained, he sometimes took classified information home with him; unlawful retention of classified national defense information is one of the charges to which he pleaded guilty.^[6] Mr. Franklin also admitted leaking top-secret information about two unidentified Middle Eastern officials to the media.^[7]

Mr. Franklin has agreed to testify if necessary at the upcoming trial of the two now-former AIPAC members, Steven Rosen and Keith Weissman.^[8] They are accused of allegedly disclosing sensitive information as far back as 1999.^[9]

Disclosing Sensitive Defense Information
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(d) can be punished by a fine, imprisonment for up to 10 years, or both.

Unlawful Retention of Sensitive Defense Information
Under 18 U.S.C. § 793(f), it is a crime for a person, who is entrusted with lawful possession of certain documents, to “through gross negligence” permit the same to be removed from its proper place of custody.

The punishment for violating section 793(f) is a fine, imprisonment for up to ten years or both.

We have previously discussed Mr. Franklin here.

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[1] Matthew Barakat, Pentagon Analyst Pleads Guilty in Spy Case, Associated Press, Oct. 6, 2005, available here.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Id.
[9] Id.