Former CIA officer John Kiriakou, 48, of Arlington, was sentenced to 30 months in prison, followed by three years of supervised release, for revealing to a journalist the identity of a man whose 20-plus-year career as a covert CIA agent had never been disclosed publicly. Kiriakou also admitted in court that he disclosed information revealing the role of another CIA employee in classified activities.
On October 23, 2012, Kiriakou pled guilty to one count of intentionally disclosing information identifying a covert agent. As part of the plea agreement, the United States and Kiriakou agreed that a sentence of 30 months in prison was the appropriate disposition of this case.
â€œJohn Kiriakou betrayed the trust bestowed upon him by the United States, and he betrayed his colleagues whose secrecy is their only safety,â€ said Neil H. MacBride, U.S. Attorney for the Eastern District of Virginia. â€œIn his own words to the FBI, John Kiriakou called actions such as his, â€˜immoralâ€™ and the potential damage done â€˜terrifying.â€™ John Kiriakou put the life of a covert officer at risk; he put the officerâ€™s family in danger; and he exposed our nationâ€™s vital secrets. Oaths matter and todayâ€™s sentence should serve as reminder to those who are entrusted with classified information that damage done by leaks is not speculative or hypotheticalâ€”it is actual and substantial, and the Justice Department will hold them accountable.â€
â€œMr. Kiriakou was entrusted with the important responsibility of protecting the identities of Americaâ€™s covert operatives,â€ said Debra Evans Smith, Acting Assistant Director in Charge of the FBIâ€™s Washington Field Office. â€œInstead of protecting this classified information, he revealed it, thereby threatening their personal safety as well as our nationâ€™s security. Together with our intelligence community partners, the FBI will continue to investigate those who violate this special trust.â€
According to court records, the case is a result of an investigation triggered by a classified filing in January 2009 by defense counsel for high-value detainees at Guantanamo Bay, Cuba. This filing contained classified information the defense had not been given through official government channels, including information about certain government employees and contractors.
The investigation revealed that on multiple occasions, one of the journalists to whom Kiriakou illegally disclosed classified information, in turn, disclosed that information to a defense team investigator. This information was reflected in the classified defense filing and enabled the defense team to take or obtain surveillance photographs of government personnel. The investigation concluded that no laws were broken by the defense team.
Kiriakou was a CIA intelligence officer between 1990 and 2004, serving at headquarters and in various classified overseas assignments. Upon joining the CIA in 1990 and on multiple occasions in following years, Kiriakou signed secrecy and non-disclosure agreements not to disclose classified information to unauthorized individuals. In a statement of facts filed with his plea agreement, Kiriakou admitted that he made illegal disclosures about two CIA employees and their involvement in classified operations to two journalists (referenced as â€œJournalist Aâ€ and â€œJournalist Bâ€ in court records) on multiple occasions between 2007 and 2009.
Court records indicate that the e-mails seized during the investigation revealed that Kiriakou disclosed information to journalists about dozens of CIA officers, including numerous covert officers of the National Clandestine Service beyond the one identified in the defense filing by lawyers for the high-value detainees in Guantanamo Bay. The government raised this with the court to demonstrate that the charged conduct was in no sense aberrational or reflective of an atypical lapse of judgment.
Kiriakou admitted that, through a series of e-mails with Journalist A, he disclosed the full name of a CIA officer (referred to as â€œCovert Officer Aâ€ in court records) whose association with the CIA had been classified for more than two decades. In addition to identifying the officer for the journalist, Kiriakou also provided information to the journalist that linked the officer to a CIA counterterrorism program known as the Rendition, Detention, and Interrogation (RDI) Program and a particular RDI operation.
In addition, Kiriakou admitted that he disclosed to Journalists A and B the name and contact information of a CIA officer, identified in court records as â€œOfficer B,â€ along with his association with an operation to capture terrorism subject Abu Zubaydah in 2002. Kiriakou knew that the association of Officer B with the Abu Zubaydah operation was classified. Based in part on this information, Journalist B subsequently published a June 2008 front-page story in The New York Times disclosing Officer Bâ€™s alleged role in the Abu Zubaydah operation.
Kiriakou provided this information to journalists without inquiring what the journalists would do with the information. Without Kiriakouâ€™s knowledge, Journalist A passed the information he obtained from Kiriakou to an investigator assisting in the defense of high-value detainees at Guantanamo Bay. The investigator had been unable to successfully identify either officer until he received this information from Journalist A, which led to Officer B being secretly photographed and his photographs being tendered to high-value terrorist detaineesâ€”a result Kiriakou himself described as â€œterrifying.â€
Kiriakou also admitted that he lied to the CIA regarding the existence and use of a classified technique, referred to as a â€œmagic box,â€ while seeking permission from the CIAâ€™s Publications Review Board to include the classified technique in a book.