Dorothy Rabinowitz on AIPAC's Trial

From The Wall Street Journal:

In October 2005, with pro bono attorney Plato Cacheris at his side, Lawrence Franklin pleaded guilty--a decision he could not avoid making, given the indisputable proof of offense--to keeping classified documents at his home. His indictment charged much more--conspiring to communicate national defense information to persons not entitled to receive it, meetings with representatives of foreign nation A (Israel), and Messrs. Rosen and Weissman, cited as furtherance of a conspiracy. The former desk officer for Iran stood charged with conspiracy to "advance his own personal foreign policy agenda" and influence people in government. One Washington insider, hearing this, tartly noted that if all government officials who leaked material to effect policy changes were charged and convicted, the prisons would soon be packed.

The guilty plea brought a sentence of 12 years, seven months--not a light one. Mr. Franklin's hope for reducing it hinges on the cooperation he gives government prosecutors in the trial of the lobbyists. The role assigned him has from the beginning been noteworthy--a reversal of norms. Government officials don't normally get to take part in stings of ordinary citizens. But Mr. Franklin, an official with top security clearance, sworn to protect classified information, is the one asked to wear a wire to amass evidence against the two men with whom he has allegedly conspired. It usually goes the other way around. There is a reason that the government official caught taking a bribe is the object of the law's pursuit, rather than the citizen who has tried to pay him off--and why it is the citizen, crooked as he may be, who wears the wire and gets the possibility of a deal. That reason, of course, is the higher standard expected of those sworn to uphold their offices. If nothing else, the role assigned Mr. Franklin testifies to the government's singular focus on nailing the AIPAC lobbyists.

Even so it remains to be seen what help Mr. Franklin will give the prosecutors at the forthcoming trial of Messrs. Rosenvand Mr. Weissman. In the course of his guilty plea, the otherwise respectful Mr. Franklin forcefully objected to the government's characterization of the self-typed paper about Iran he'd faxed to Mr. Rosen--a document at the heart of one of the significant charges against the lobbyist--as "classified."

"It was unclassified," Lawrence Franklin told the court, "and it is unclassified."

The government would "prove that it was classified," announced the U.S. attorney.

Mr. Franklin: "Not a chance."

What chance the defendants--who asked no one for classified information--have of acquittal and the avoidance of prison remains to be seen. Though Judge T. S. Ellis rejected defense motions to dismiss the charges on constitutional grounds, his early rulings have so far shown a keen appreciation of the meaning this case. In this he stands in sharp contrast to the nation's leading civil rights guardians, these days busy filing lawsuits against the government and fulminating on behalf of the rights of captured terrorists in Guantanamo and elsewhere, while accusing the U.S. of failing to provide open trials and assurances that the accused have the right to view the evidence against them. As of this day neither the ACLU nor the Center for Constitutional Rights has shown the smallest interest in this prosecution so bound up with First Amendment implications. Nor has most of the media, whose daily work includes receiving "leaks" from government officials far more damaging to national security than anything alleged in this case. In this as in the Scooter Libby matter, the desire to see Bush Administration officials nailed apparently counts for more than First Amendment principle.

The government has also moved (in the interest of protecting classified information) to impose strict limits during the trial, on the testimony the public and press will be allowed to hear. If the proposal is allowed, significant portions of the testimony will be available only in the form of summaries. Witnesses, furthermore, would not be allowed to deliver certain testimony directly to jurors, who would instead be told to look at secret documents. It will be, as a member of the Reporters Committee For Freedom of the Press, now opposing the government efforts, describes it, "a secret trial within a public trial." (Dow Jones, publisher of this newspaper, has joined the Reporters Committee in filing an objection.)