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More prosecutions sought in 17 months than any previous administration
WASHINGTON - Hired in 2001 by the National Security Agency to help it catch up with the e-mail and cellphone revolution, Thomas A. Drake became convinced that the government’s eavesdroppers were squandering hundreds of millions of dollars on failed programs while ignoring a promising alternative.
He took his concerns everywhere inside the secret world: to his bosses, to the agency’s inspector general, to the Defense Department’s inspector general and to the Congressional intelligence committees. But he felt his message was not getting through.
So he contacted a reporter for The Baltimore Sun.
Today, because of that decision, Mr. Drake, 53, a veteran intelligence bureaucrat who collected early computers, faces years in prison on 10 felony charges involving the mishandling of classified information and obstruction of justice.
The indictment of Mr. Drake was the latest evidence that the Obama administration is proving more aggressive than the Bush administration in seeking to punish unauthorized leaks.
Plugging leaks
In 17 months in office, President Obama has already outdone every previous president in pursuing leak prosecutions. His administration has taken actions that might have provoked sharp political criticism for his predecessor, George W. Bush, who was often in public fights with the press.
Mr. Drake was charged in April; in May, an F.B.I. translator was sentenced to 20 months in prison for providing classified documents to a blogger; this week, the Pentagon confirmed the arrest of a 22-year-old Army intelligence analyst suspected of passing a classified video of an American military helicopter shooting Baghdad civilians to the Web site Wikileaks.org.
Meanwhile, the Justice Department has renewed a subpoena in a case involving an alleged leak of classified information on a bungled attempt to disrupt Iran’s nuclear program that was described in “State of War,” a 2006 book by James Risen. The author is a reporter for The New York Times. And several press disclosures since Mr. Obama took office have been referred to the Justice Department for investigation, officials said, though it is uncertain whether they will result in criminal cases.
As secret programs proliferated after the 2001 terrorist attacks, Bush administration officials, led by Vice President Dick Cheney, were outspoken in denouncing press disclosures about the C.I.A.’s secret prisons and brutal interrogation techniques, and the security agency’s eavesdropping inside the United States without warrants.
Investigation's roots
In fact, Mr. Drake initially drew the attention of investigators because the government believed he might have been a source for the December 2005 article in The Times that revealed the wiretapping program.
Describing for the first time the scale of the Bush administration’s hunt for the sources of The Times article, former officials say 5 prosecutors and 25 F.B.I. agents were assigned to the case. The homes of three other security agency employees and a Congressional aide were searched before investigators raided Mr. Drake’s suburban house in November 2007. By then, a series of articles by Siobhan Gorman in The Baltimore Sun had quoted N.S.A. insiders about the agency’s billion-dollar struggles to remake its lagging technology, and panicky intelligence bosses spoke of a “culture of leaking.”
Though the inquiries began under President Bush, it has fallen to Mr. Obama and his attorney general, Eric H. Holder Jr., to decide whether to prosecute. They have shown no hesitation, even though Mr. Drake is not accused of disclosing the N.S.A.’s most contentious program, that of eavesdropping without warrants.
The Drake case epitomizes the politically charged debate over secrecy and democracy in a capital where the watchdog press is an institution even older than the spy bureaucracy, and where every White House makes its own calculated disclosures of classified information to reporters.
Obama outraged
Steven Aftergood, head of the project on government secrecy at the Federation of American Scientists, who has long tracked the uneasy commerce in secrets between government officials and the press, said Mr. Drake might have fallen afoul of a bipartisan sense in recent years that leaks have gotten out of hand and need to be deterred. By several accounts, Mr. Obama has been outraged by some leaks, too.
“I think this administration, like every other administration, is driven to distraction by leaking,” Mr. Aftergood said. “And Congress wants a few scalps, too. On a bipartisan basis, they want these prosecutions to proceed.”
Though he is charged under the Espionage Act, Mr. Drake appears to be a classic whistle-blower whose goal was to strengthen the N.S.A.’s ability to catch terrorists, not undermine it. His alleged revelations to Ms. Gorman focused not on the highly secret intelligence the security agency gathers but on what he viewed as its mistaken decisions on costly technology programs called Trailblazer, Turbulence and ThinThread.
“The Baltimore Sun stories simply confirmed that the agency was ineptly managed in some respects,” said Matthew M. Aid, an intelligence historian and author of “The Secret Sentry,” a history of the N.S.A. Such revelations hardly damaged national security, Mr. Aid said.
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