APRIL 16, 2010
Former Intelligence Official Is Charged in Leak Case
By EVAN PEREZ
A former National Security Agency official who allegedly leaked classified information about the George W. Bush administration's national-security policies to a reporter has been charged with possessing classified documents without authorization and obstruction of justice, according to a federal grand-jury indictment.
Thomas Andrews Drake, a former senior official in the NSA's electronic eavesdropping division, faces 10 felony counts, including "willfully retaining documents that relate to the national defense" and making false statements to investigators.
The indictment, which was handed down on Wednesday in Maryland and disclosed on Thursday, alleges that beginning in February 2006, Mr. Drake, 52 years old, used an encrypted Canadian-based email account to communicate with and provide documents to a reporter. Mr. Drake took home classified and unclassified documents without authorization, the indictment alleges.
Mr. Drake served as a source for articles published between February 2006 and November 2007 containing classified information, according to the indictment. He aided the reporter by emailing unwitting NSA employees to gather additional material, the indictment says. It doesn't describe in detail the documents or information he allegedly passed on.
Jim Wyda, Mr. Drake's attorney, said he and Mr. Drake are reviewing the indictment. Mr. Drake "has been extraordinarily cooperative" in the case," Mr. Wyda said. Mr. Drake "loves his country and has served it well for many years. We are deeply disappointed we couldn't resolve this," the attorney added.
The reporter isn't named in the indictment. A person familiar with the matter identified the reporter as Siobhan Gorman, who during the period cited in the indictment worked for the Baltimore Sun and wrote articles in that newspaper about the NSA. Ms. Gorman now covers intelligence for The Wall Street Journal.
A spokeswoman for the Baltimore Sun declined to comment. A spokeswoman for Dow Jones & Co., publisher of the Journal, declined to comment.
The case is one of several major Justice Department investigations into alleged leaks that began during the Bush administration and have continued during the administration of President Barack Obama. The investigations seek to identify officials who exposed national-security programs.
"Our national security demands that the sort of conduct alleged here--violating the government's trust by illegally retaining and disclosing classified information--be prosecuted and prosecuted vigorously," said Assistant Attorney General Lanny Breuer.
The indictment describes instances where Mr. Drake allegedly leaked classified information to the reporter, but the charges don't accuse him of leaks.
Five counts pertain to alleged unauthorized possession of documents, four counts involve alleged false statements to investigators, and one count alleges obstruction of justice.
The unauthorized possession charges carry a maximum prison sentence of up to 10 years each. False statements are punishable with a sentence of up to five years, and obstruction of justice carries a maximum 20-year sentence.
Write to Evan Perez at evan.perez@wsj.com