By Norman Solomon

A month after former CIA officer Jeffrey Sterling was convicted on nine felony counts with circumstantial metadata, the zealous prosecution is now having potentially major consequences — casting doubt on the credibility of claims by the U.S. government that Iran has developed a nuclear weapons program.

With negotiations between Iran and the United States at a pivotal stage, fallout from the trial’s revelations about the CIA’s Operation Merlin is likely to cause the International Atomic Energy Agency to re-examine U.S. assertions that Iran is pursuing nuclear weapons. 

In its zeal to prosecute Sterling for allegedly leaking classified information about Operation Merlin — which provided flawed nuclear weapon design information to Iran in 2000 — the U.S. government has damaged its own standing with the IAEA. The trial made public a treasure trove of information about the Merlin operation. 

Last week Bloomberg News reported from Vienna, where the IAEA is headquartered, that the agency “will probably review intelligence they received about Iran as a result of the revelations, said the two diplomats who are familiar with the IAEA’s Iran file and asked not to be named because the details are confidential.” 

The Bloomberg dispatch, which matter-of-factly referred to Merlin as a “sting” operation, quoted a former British envoy to the IAEA, Peter Jenkins, saying: “This story suggests a possibility that hostile intelligence agencies could decide to plant a ‘smoking gun’ in Iran for the IAEA to find. That looks like a big problem.” 

After sitting through the seven-day Sterling trial, I don’t recall that the government or any of its witnesses — including 23 from the CIA as well as former Secretary of State Condoleezza Rice — ever referred to Operation Merlin as a “sting.” Instead, it was consistently portrayed as an effort to send Iran down the wrong technical path. In fact, over the years, Operation Merlin may have been both.

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By Norman Solomon

The leak trial of CIA officer Jeffrey Sterling never got near a smoking gun, but the entire circumstantial case was a smokescreen. Prosecutors were hell-bent on torching the defendant to vindicate Operation Merlin, nine years after a book by James Risen reported that it “may have been one of the most reckless operations in the modern history of the CIA.”

That bestselling book, State of War, seemed to leave an indelible stain on Operation Merlin while soiling the CIA’s image as a reasonably competent outfit. The prosecution of Sterling was a cleansing service for the Central Intelligence Agency, which joined with the Justice Department to depict the author and the whistleblower as scurrilous mud-throwers.

In the courtroom, where journalist Risen was beyond the reach of the law, the CIA’s long-smoldering rage vented at the defendant. Sterling had gone through channels in 2003 to warn Senate Intelligence Committee staffers about Operation Merlin, and he was later indicted for allegedly giving Risen classified information about it. For CIA officials, the prosecution wasn’t only to punish Sterling and frighten potential whistleblowers; it was also about payback, rewriting history and assisting with a PR comeback for the operation as well as the agency.

Last week, the jury — drawn from an area of Northern Virginia that is home to CIA headquarters, the Pentagon and a large number of contractors for the military-industrial-intelligence complex — came back with guilty verdicts on all counts. The jurors had heard from a succession of CIA witnesses as well as former Secretary of State Condoleezza Rice, extolling Operation Merlin and deploring any effort to lift its veil of secrecy.

During the first half of the government’s six days of testimony, the prosecution seemed to be defending Operation Merlin more than prosecuting Jeffrey Sterling.

Prosecutors defamed Sterling’s character in opening and closing arguments, but few CIA witnesses had anything bad to say about him. The notable exception, CIA official David Cohen — who ran the agency’s New York office when Sterling worked there — testified that “his performance was extremely sub-par.” Cohen’s affect on the stand gave new meaning to the term hostile witness. He exuded major antipathy toward Sterling, who had been one of the CIA’s few American-American case officers. Sterling filed a racial bias lawsuit before the agency fired him.

“In the wake of 9/11, Cohen moved from the CIA to the NYPD,” Marcy Wheeler wrote. “In 2002, he got a federal court to relax the Handschu guidelines, which had been set up in 1985 in response to NYPD’s targeting of people for their political speech. … After getting the rules relaxed, Cohen created teams of informants that infiltrated mosques and had officers catalog Muslim-owned restaurants, shops, and even schools.”

From the government’s standpoint in the courtroom, the worse it could make Sterling look, the better the CIA and Operation Merlin would look, and vice versa. Throughout the trial, prosecutors put forward their case as a kind of seesaw, elevating the operation while pushing Sterling into the dirt — repeatedly depicting the defendant as a bitter malcontent who failed to appreciate the nobility and great expertise that went into Operation Merlin.

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By Norman Solomon

The mass media have suddenly discovered Jeffrey Sterling — after his conviction Monday afternoon as a CIA whistleblower.

Sterling’s indictment four years ago received fleeting news coverage that recited the government’s charges. From the outset, the Justice Department portrayed him as bitter and vengeful — with the classic trash-the-whistleblower word “disgruntled” thrown in — all of which the mainline media dutifully recounted without any other perspective.

Year after year, Sterling’s case dragged through appellate courts, tangled up with the honorable refusal of journalist James Risen to in any way identify sources for his 2006 book State of War. While news stories or pundits occasionally turned their lens on Risen, they scarcely mentioned Sterling, whose life had been turned upside down — fired by the CIA early in the Bush administration after filing a racial discrimination lawsuit, and much later by the 10-count indictment that included seven counts under the Espionage Act.

Sterling was one of the very few African American case officers in the CIA. He became a whistleblower by virtue of going through channels to the Senate Intelligence Committee in 2003 to inform staffers about the CIA’s ill-conceived, poorly executed and dangerous Operation Merlin, which had given a flawed design for a nuclear weapons component to Iran back in 2000.

Long story short, by the start of 2011, Sterling was up against the legal wall. While press-freedom groups and some others gradually rallied around Risen’s right to source confidentiality, Sterling remained the Invisible Man.

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By Norman Solomon

Continuing to deliberate [Jan. 26] as this week gets underway, the jurors in the CIA leak trial might ponder a notable claim from the government: “This case is not about politics.”

The prosecution made that claim a few days ago in closing arguments — begun with a somber quotation from Condoleezza Rice about the crucial need to stop the spread of nuclear weapons. Of course prosecutor Eric Olshan was not foolish enough to quote Rice’s most famous line: “We don’t want the smoking gun to become a mushroom cloud.”

During the seven days of the trial, which received scant media coverage, Rice attracted the most attention. But little of her testimony actually got out of the courtroom, and little of what did get out illuminated the political context of the government’s case against former CIA officer Jeffrey Sterling.

A heavy shroud over this trial — almost hidden by news media in plain sight — has been context: the CIA’s collusion with the Bush White House a dozen years ago, using WMD fear and fabrication to stampede the United States into making war on Iraq.

And part of the ongoing context of the Sterling case has been the Obama administration’s unrelenting pursuit of Sterling for allegedly leaking classified information — revealed in the last chapter of a book by James Risen — about a now-15-year-old CIA operation that’s far more suitable for Freedom of Information Act disclosures than criminal prosecution. The jury is weighing nine felony counts, including seven under the atrociously misapplied Espionage Act.

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By Norman Solomon

Six days of testimony at the trial of former CIA officer Jeffrey Sterling have proven the agency’s obsession with proclaiming its competence. Many of the two-dozen witnesses from the Central Intelligence Agency conveyed smoldering resentment that a whistleblower or journalist might depict the institution as a bungling outfit unworthy of its middle name.

Some witnesses seemed to put Sterling and journalist James Risen roughly in the same nefarious category — Sterling for allegedly leaking classified information that put the CIA in a bad light, and Risen for reporting it. Muffled CIA anger was audible, coming from the witness stand, a seat filled by people claiming to view any aspersions on the CIA to be baseless calumnies.

Other than court employees, attorneys and jurors, only a few people sat through virtually the entire trial. As one of them, I can say that the transcript of USA v. Jeffrey Alexander Sterling should be mined for countless slick and clumsy maneuvers by government witnesses to obscure an emerging picture of CIA recklessness, dishonesty and ineptitude.

Consider, for example, the testimony of David Shedd, who was chief of operations for the CIA’s Counterproliferation Division when Sterling was a case officer at the turn of the century. On the stand, Shedd presented himself as superbly savvy about Operation Merlin. He’d met with the head prosecutor three times to prepare for testifying. Yet, as a witness, Shedd turned out to be stunningly ignorant about the only CIA operation at issue in the trial.

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By Norman Solomon

Midway through the trial of former CIA officer Jeffrey Sterling, one comment stands out. “A criminal case,” defense attorney Edward MacMahon told the jury at the outset, “is not a place where the CIA goes to get its reputation back.” But that’s where the CIA went with this trial in its first week — sending to the witness stand a procession of officials who attested to the agency’s virtues and fervently decried anyone who might provide a journalist with classified information.

The CIA’s reputation certainly needs a lift. It has rolled downhill at an accelerating pace in the dozen years since telling President George W. Bush what he wanted the nation to hear about Iraqi weapons of mass destruction. That huge bloody blot on the agency’s record has not healed since then, inflamed by such matters as drone strikes, rendition of prisoners to torture-happy regimes and resolute protection of its own torturers.

CIA sensibilities about absolution and prosecution are reflected in the fact that a former head of the CIA’s clandestine service, Jose Rodriguez Jr., suffered no penalty for destroying numerous videotapes of torture interrogations by the agency — which knew from the start that the torture was illegal.

But in the courtroom, day after day, with patriotic piety, CIA witnesses — most of them screened from public view to keep their identities secret — have testified to their reverence for legality.

In the process, the CIA is airing soiled threads of its dirty laundry as never before in open court. The agency seems virtually obsessed with trying to refute the negative portrayal of Operation Merlin — the CIA’s effort 15 years ago to provide a flawed nuclear weapon design to Iran — in James Risen’s 2006 book State of War.

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By Norman Solomon

One of the grossest hypocrisies of Washington officialdom is the willingness to denounce leaks of some classified information and to countenance leaks of other classified information. But the gap between indignant pretense and standard practice has widened into a chasm in recent years, with Barack Obama’s administration prosecuting leakers in record numbers while protecting its own. Selective prosecution of leaks in the name of national security has never been more extreme.

This duplicity is on full display as the long-delayed trial of former Central Intelligence Agency officer Jeffrey Sterling, charged with seven counts under the Espionage Act and three related charges, began today in a U.S. District Court not far from the agency’s headquarters in Langley, Virginia. Prosecutors say Sterling was the source for a chapter in the 2006 book “State of War” by New York Times reporter James Risen, revealing a CIA operation that gave flawed nuclear weapon blueprints to Iran in 2000.

The start of the trial comes a few days after front-page stories reported that Attorney General Eric Holder has been dragging his feet after the FBI and Justice Department prosecutors recommended that former CIA Director David Petraeus be indicted for sharing classified information with his biographer-turned-lover Paula Broadwell. Some leaders, such as Senate Intelligence Committee Chairwoman Dianne Feinstein, insist that he not be prosecuted even if he did break the law. “This man has suffered enough in my view,” she said. She has not, of course, taken such a forgiving view of National Security Agency whistleblower Edward Snowden.

Few prominent lawmakers have ever bothered to draw attention to such glaring contradictions. An exception came when Sen. Daniel Patrick Moynihan observed that the secrecy emperor had no clothes. In a September 1998 letter to President Bill Clinton, the senior senator from New York pointed out that “leaking information to the press in order to bring pressure to bear on a policy question” had become “a routine aspect of government life.” Moynihan added this zinger: “An evenhanded prosecution of leakers could imperil an entire administration.”

Then as now, with upper reaches of the executive branch often leaking like a sieve, evenhanded prosecution of leakers was out of the question.

[To read full article, published by Al Jazeera America, click here.]

By Norman Solomon

Condoleezza Rice made headlines when she testified Thursday [Jan. 15] at the leak trial of former CIA officer Jeffrey Sterling — underscoring that powerful people in the Bush administration went to great lengths a dozen years ago to prevent disclosure of a classified operation. But as The Associated Press noted, “While Rice’s testimony helped establish the importance of the classified program in question, her testimony did not implicate Sterling in any way as the leaker.”

Few pixels and little ink went to the witness just before Rice — former CIA spokesman William Harlow — whose testimony stumbled into indicating why he thought of Sterling early on in connection with the leak, which ultimately resulted in a ten-count indictment.

Harlow, who ran the CIA press office, testified that Sterling came to mind soon after New York Times reporter James Risen first called him, on April 3, 2003, about the highly secret Operation Merlin, a CIA program that provided faulty nuclear weapon design information to Iran.

Harlow testified that he tried to dissuade Risen without confirming the existence of Operation Merlin, first telling the reporter “that if there was such a program, I didn’t think a respectable newspaper should be writing about it.” The next day, when Risen called back, “I said that such a story would jeopardize national security.”

Not until cross-examination by a defense attorney did Harlow acknowledge something that he’d failed to mention when describing his initial conversation with Risen: In fact, Harlow had told Risen that only Al Jazeera would be willing to cover the story he was pursuing.

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By Norman Solomon

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By Norman Solomon

When the trial of former CIA officer Jeffrey Sterling got underway Tuesday in Northern Virginia, prospective jurors made routine references to “three-letter agencies” and alphabet-soup categories of security clearances. In an area where vast partnerships between intelligence agencies and private contractors saturate everyday life, the jury pool was bound to please the prosecution.

In a U.S. District Court that boasts a “rocket docket,” the selection of 14 jurors was swift, with the process lasting under three hours. Along the way, Judge Leonie M. Brinkema asked more than a dozen possible jurors whether personal connections to the CIA or other intel agencies would interfere with her announced quest for an “absolutely open mind.”

From what I could tell, none of those with direct connections to intelligence agencies ended up in the jury box. But affinities with agencies like the CIA seemed implicit in the courtroom. Throughout the jury selection, there was scarcely a hint that activities of those agencies might merit disapproval.

Just how familiar was the jury pool with critiques of the CIA? Hard to say, but here’s one indicator: When Brinkema asked for a show of hands among the prospective jurors — nearly 100 in the room — to indicate how many had read James Risen’s bestselling book State of War: The Secret History of the CIA and the Bush Administration, a grand total of zero hands went up.

That book, with its tough investigative reporting that exposed malfeasance, incompetence, cruelty and mendacity in the CIA’s leadership, is at the core of the case against Sterling. He’s charged with giving the author classified information — about the CIA’s Operation Merlin, a dangerous maneuver that provided flawed nuclear weapon blueprints to the Iranian government in 2000.

Sterling was one of the few African American case officers to work for the CIA. He is now faced with a jury of his ostensible peers that includes no African Americans. (Twelve of the jurors are white. Two others appear to be of Asian and Middle Eastern ancestry.)

From the outset, in January 2011, when the Department of Justice announced an indictment against Sterling with ten counts — seven under the Espionage Act — the official attack on his character was classic defamation of a whistleblower. The government denounced Sterling for “underlying selfish and vindictive motivations,” and unsuccessfully tried to persuade a judge that he should be jailed pending trial because it was “incomprehensible to believe that [Sterling] will not retaliate in the same deliberate, methodical, vindictive manner.”

Fast forward four years, to Tuesday afternoon, when prosecuting attorney James Trump told the jury in the government’s opening statement that Sterling had committed crimes of betrayal due to his “anger, bitterness, selfishness.”

The Obama Justice Department’s theory of the case is that Sterling — one of the very few African American case officers in the CIA — became vengeful against the agency when he failed to win a legal complaint against it for racial discrimination.

A lot of smoke will be blowing through the U.S. District Court in Alexandria during the next few weeks. The Obama administration remains in overdrive, tanked up to send Jeffrey Sterling to prison for a long time. The CIA hierarchy, now operating with enormous impunity, is clearly eager to see him punished in a big way.

The CIA’s allies in the Justice Department are insisting in the courtroom that Sterling could not possibly have had valid concerns when he blew the whistle on Operation Merlin by going to the Senate Intelligence Committee about it in 2003. Along the way, the government is eager to throw mud at Risen’s reporting, which concluded that Merlin “may have been one of the most reckless operations in the modern history of the CIA.”

[First published by ExposeFacts.org]

     Norman Solomon is the executive director of the Institute for Public Accuracy and the author of War Made Easy: How Presidents and Pundits Keep Spinning Us to Death. He is a co-founder of RootsAction.org.