A Double Standard on Leaks? As Whistleblowers Jailed …

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AARON MAT: With prosecutions of whistleblowers like Chelsea Manning, Edward Snowden, Thomas Drake, John Kiriakou and several others, the Obama administration is by far the most aggressive in history when it comes to punishing leaks. But is there a double standard when it comes to who is punished and who walks free?

Thats the question being raised after a lenient plea deal for David Petraeus, the retired four-star general and former head of the CIA. Unlike the others, Petraeus did not release information to expose perceived government wrongdoing. Instead, he gave classified material to his mistress, Paula Broadwell, who was also writing his biography. Petraeus let Broadwell access his CIA email account and other sensitive material, including the names of covert operatives in Afghanistan, war strategy, and quotes from White House meetings. Petraeus then lied to the FBI, telling investigators he never gave Broadwell any classified information.

After an investigation that raised eyebrows for its slow pace, the FBI and federal prosecutors recommended felony charges. But unlike other leakers, Petraeus was not indicted. Instead, earlier this month, he reached a plea deal, admitting to one count of unauthorized removal and retention of classified information. Prosecutors wont seek prison time, but instead two years probation and a fine. His sentencing is next month. Meanwhile, after being forced to resign in 2012, Petraeus remains an administration insider, advising the White House on the war against ISIS.

AMY GOODMAN: On Monday, White House Press Secretary Josh Earnest defended the administrations ongoing consultations with Petraeus.

PRESS SECRETARY JOSH EARNEST: He is, I think, legitimately regarded as an expert when it comes to the security situation in Iraq. So I think itsit makes a lot of sense for senior administration officials to, on occasion, consult him for advice.

REPORTER: And any particular security precautions that you take in this situation, given his legal entanglements?

PRESS SECRETARY JOSH EARNEST: Not that Im aware of.

AMY GOODMAN: As General David Petraeus avoids jail time and advises the White House, a lawyer for imprisoned government contractor Stephen Kim is accusing the Obama administration of blatant hypocrisy and demanding Kims immediate release. In a letter to the Justice Department, Abbe Lowell says, quote, "The decision to permit General Petraeus to plead guilty to a misdemeanor demonstrates more clearly than ever the profound double standard that applies when prosecuting so-called 'leakers' and those accused of disclosing classified information for their own purposes," unquote. Kim was convicted earlier this year for sharing information from an intelligence report on North Korea with a reporter from Fox News.

The famed lawyer Abbe Lowell says prosecutors dismissed his offer to have Kim plead guilty to the same misdemeanor they ended up offering to Petraeus. He writes, quote, "You rejected that out of hand, saying that a large reason for your position was that Mr. Kim lied to FBI agents." But since Petraeus also lied to the FBI, Lowell concludes, quote, "Lower-level employees like Mr. Kim are prosecuted under the Espionage Act because they are easy targets and lack the resources and political connections to fight back. High level officials (such as General Petraeus) ... leak classified information to forward their own agendas (or to impress their mistresses) with virtual impunity," unquote.

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