Barry Pollack Comments on Case Against Former NSA Official Drake in The Washington Post  

"NSA leak trial exposes dilemma for Justice Department"
The Washington Post
06.10.11Barry Pollack comments on the government's case against former National Security Agency official Thomas Drake, in which a federal judge ruled that the prosecution could not shield from public disclosure classified information it wanted to present as evidence. The case demonstrates a fundamental dilemma in prosecutions involving national security: proving that a leaker released sensitive information without discussing that information in public. "The two goals are inherently in conflict. A lot of these cases end up imploding because of that tension," Pollack says. The prosecution decided not to reveal the sensitive information, dooming the government's case and resulting in a plea agreement in which Drake plead guilty to a single misdemeanor of misusing a government computer to provide information to an unauthorized person. This shows that the government pushed too hard, according to Pollack. "Anytime you set out to prove 10 felonies and you end up with one misdemeanor, you've overreached," he says.
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