Motion filed by Barry Pollack in Sterling Case Quoted by Politico

"Accused Leaker Asks Feds to Fact Check NYT Reporter's Book"
07.15.11The article quotes a motion filed by Barry Pollack and Edward MacMahon on behalf of ex-CIA officer Jeffrey Sterling, who is accused of leaking classified information to New York Times reporter James Risen. The motion demands that the government turn over information indicating which details in a key chapter of Risen's 2006 book were true and which are false. "It cannot be a crime to disclose false 'national security information' since false information would not fit the statutory definition of the crime," Pollack and MacMahon wrote. "The disclosure of false information such as phony budget numbers or forged 'Pentagon Papers' could not be damaging to the United States or advantageous to one of its enemies," they asserted. "This is not a defamation case and falsity is a defense." The motion also claims that the defense is entitled to any assessment the U.S. has done of the damage caused by the leak.
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