The conspiracy case against two former AIPAC lobbyists came to an inglorious end in May when the government dropped all charges after 3 1/2 years of pre-trial maneuvers.
It was a curious case: First, the lobbyists, Steve Rosen and Keith Weissman, were charged under an obscure section of the Espionage Act of 1917, a law that had been used only once before -- unsuccessfully and never against private citizens for disclosing classified information. Second, they were targets of a bizarre sting in which they were fed false information suggesting that the lives of U.S. and Israeli operatives in Iraq were at risk and that American officials were refusing to take steps to protect them. The accusation was not that they brokered this information to some foreign enemy but that they offered it to everybody they could, hoping, among other things, to get a reporter from The Post to publish it so that it might draw the attention of the right U.S. officials and save U.S. lives. In short, even if the two were guilty as charged, they look more like whistle-blowers than spies.
But the most curious element of the case is why it was ever brought. Why set up a sting unless you believe there's some underlying pattern of wrongdoing to be exposed? What were the counterespionage people after?
After three years of working on a book on this case, I am still not sure. But now the wired informant in the middle of the affair, Larry Franklin, has raised the specter of bias. The former Pentagon analyst who leaked the bogus tip to the lobbyists told the Washington Times last month that investigators "asked about every Jew I knew" in his office. Anti-Semitism was "part of this investigation and may have been an initial incitement of this investigation."
If so, Ground Zero would be the 23-year-old case of Jonathan Pollard. Here one had a real spy, an American Jew working for the Navy who, out of concern for Israel as well as cash, copied and delivered thousands of classified documents. After his arrest in the 1980s, the belief took hold within counterintelligence circles that he was part of a larger spy ring. This led to the search for a "Mr. X," a high-ranking national security official who had helped direct Pollard to needed documents and continued to operate within the government. So the creation myth was born.
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