Prometheus 6

"It's not because 'oh, this is getting ink, it's getting too hot, we need to drop it,' '' said one law enforcement source, who was not authorized to speak about the case. "We would never do it for that reason.''

Prosecutors Considering Dropping Espionage Charges Against Former AIPAC Lobbyists
Review Comes Amid Reports That Rep. Harman Was Overheard on Wiretaps Agreeing to Seek Lenient Treatment for Them
By Jerry Markon
Washington Post Staff Writer
Tuesday, April 21, 2009 4:24 PM

Federal prosecutors are considering whether to drop the charges against two former pro-Israel lobbyists accused of violating the Espionage Act, law enforcement sources and lawyers close to the case said today.

The review comes amid reports that Rep. Jane Harman (D-Calif.) was overheard on federal wiretaps agreeing to seek lenient treatment for the two lobbyists from the Bush administration. The sources said the prospect of dropping the charges is unrelated to the disclosures about Harman's alleged role.

The review of the case against Steven J. Rosen and Keith Weissman was triggered by a series of recent court rulings that make it harder for the government to win convictions, the sources said. Those included an appeals court decision allowing the defense to use classified information at trial and a judge's ruling that said prosecutors must show the two men knew the information they allegedly disclosed would harm the United States. That set a high bar for prosecutors because criminal intent can be difficult to prove.

The former lobbyists for the American Israel Public Affairs Committee are charged with conspiring to obtain classified information and pass it to journalists and the Israeli government.

It is unclear when a decision will be made about whether to proceed with the case, but sources said they expect one soon because the trial is set for June 2 in U.S. District Court in Alexandria. The sources described the review as a legal analysis examining the recent court rulings and whether prosecutors can meet their burden of proof. They said the review was not begun by political appointees from the Obama administration and would have been undertaken even if Republicans had retained the presidency.