By Norman Solomon

Yes, I saw the glum faces of prosecutors in the courtroom a few days ago, when the judge sentenced CIA whistleblower Jeffrey Sterling to three and a half years in prison — far from the 19 to 24 years they’d suggested would be appropriate.

Yes, I get that there was a huge gap between the punishment the government sought and what it got — a gap that can be understood as a rebuke to the dominant hard-line elements at the Justice Department.

And yes, it was a positive step when a May 13 editorial by the New York Times finally criticized the extreme prosecution of Jeffrey Sterling.

But let’s be clear: The only fair sentence for Sterling would have been no sentence at all. Or, at most, something like the recent gentle wrist-slap, with no time behind bars, for former CIA director David Petraeus, who was sentenced for providing highly classified information to his journalist lover.

Jeffrey Sterling has already suffered enormously since indictment in December 2010 on numerous felony counts, including seven under the Espionage Act. And for what?

The government’s righteous charge has been that Sterling provided information to New York Times reporter James Risen that went into a chapter of his 2006 book “State of War” — about the CIA’s Operation Merlin, which in 2000 provided Iran with flawed design information for a nuclear weapon component.

As Marcy Wheeler and I wrote last fall: “If the government’s indictment is accurate in its claim that Sterling divulged classified information, then he took a great risk to inform the public about an action that, in Risen’s words, ‘may have been one of the most reckless operations in the modern history of the CIA.’ If the indictment is false, then Sterling is guilty of nothing more than charging the agency with racial bias and going through channels to inform the Senate Intelligence Committee of extremely dangerous CIA actions.”

Whether “guilty” or “innocent” of doing the right thing, Sterling has already been through a protracted hell. And now — after he has been unemployable for more than four years while enduring a legal process that threatened to send him to prison for decades — perhaps it takes a bit of numbness for anyone to think of the sentence he just received as anything less than an outrage.

Human realities exist far beyond sketchy media images and comfortable assumptions. Going beyond such images and assumptions is a key goal of the short documentary “The Invisible Man: CIA Whistleblower Jeffrey Sterling,” released this week. Via the film, the public can hear Sterling speak for himself — for the first time since he was indicted.

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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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