21 March 2010
Some new papers were filed in the attempted espionage case against Stewart Nozette on
17 March 2010.
1. A superseding indictment was filed that takes the place of the original indictment. This new one has three counts.
2. A memorandum by the government explaining the new indictment. It adds a new count out of the facts underlying the old count one, and the new count three is the old count two.
3. The government's Rule 404(b) motion, which it was supposed to file in 30 days after the last status conference. The Federal Rules of Evidence govern what evidence can be introduced into a trial in federal court. Rule 404(b) of those rules concerns evidence of other bad acts or wrongs done by the defendant, or evidence of a "bad character".
Since one of the principles of the criminal justice system in the U.S. is that a person is to go on trial only for the specific charge on evidence related to it, and not for being a rotten son of a b***h and a person of bad character, there is often a lot of argument before and during a trial over what evidence of other misconduct and extraneous transactions can be presented at a trial. The prosecution is to reveal in advance what other alleged bad acts of the defendant it plans to try to put in as evidence.
This motion lists them.
Also, on March 1, the court appointed an attorney from the Federal Public Defender's office (paid by the
taxpayers) to assist Nozette's hired attorney, probably for purposes of issues regarding classified information and the Classified Information Procedures Act.
The next status conference in court is to be Wednesday,
24 March 2010, in the federal courthouse in Washington, D.C.
Robert Willmann, Jr.
Download Nozette_superseding_indictment.pdf
AIPAC update, new pres:
1. "(IsraelNN.com) Lee “Rosy” Rosenberg, a jazz recording industry veteran capitalist who accompanied U.S. President Barack Obama on his campaign trip to Israel two years ago, takes over on Sunday as the new president of American Israel Public Affairs Committee (AIPAC). Rosenberg also served on the president’s national campaign finance committee.
"The new AIPAC president hails from Chicago, the home state of President Obama, and also is on first-name terms with White House Chief of Staff Rahm Emanuel and David Axelrod, President Obama’s senior advisor.
"Steve Rosen, a former 23-year, high-ranking AIPAC official, told the Chicago Tribune, “I don't think AIPAC has made any secret of the reality that his friendship with the president played a role in Rosy's rise. He's a guy who works very hard at fundraising [and] in the political arena. It was not as if he was plucked out of nowhere. He paid his dues. But I'm sure nobody was blind to the fact that he's from Chicago.“
"Rosenberg is known as an expert in bringing in big money from powerful people who generally are not outwardly committed to Israel.
"AIPAC claims more than 100,000 members and is considered the most powerful Jewish lobby in Washington."...
http://www.israelnationalnews.com/News/News.aspx/136628
2. Path to Power
Rosenberg is a powerful Chicago entrepreneur and venture capitalist.
He has focused on media and entertainment. He was a founding shareholder the director of New York-based GRP Records, a company that became one of the country’s largest contemporary jazz labels.
In 1997, he co-founded Kettle Partners, a venture capital fund that developed projects like MusicNow, which specializes in creating new ways to legally download music, and Egreetings Network, the first online greeting card company to incorporate music from top artists. He remains a managing director at the firm.
In 2002, he founded LRSmedia, a company that develops music entertainment brands and products. He still serves as CEO.
He is on the board of directors of Active Network and Sportvision.
Rosenberg first got to know Obama in 2002, when the young state Senator was eyeing a run for the U.S. Senate, Rosenberg told WhoRunsGov.com.Kreiger, Hilary, "Mr. Obama’s neighborhood," Jerusalem Post, Oct. 24, 2008(4)Kreiger, Hilary, "Mr. Obama’s neighborhood," Jerusalem Post, Oct. 24, 2008
Soon after Obama was elected to the Senate, Rosenberg accompanied him on a trip to Israel. He has remained close to the President, backing his presidential bid in its earliest stages. Rosenberg also served on Obama’s campaign finance committee, and spoke at rallies and events across the country.WhoRunsGov.com interview(5)WhoRunsGov.com interview
When he introduced Obama at AIPAC, Rosenberg called him “a genuine friend of Israel and of AIPAC, steadfast supporter of the U.S.-Israel relationship.”"Senator Barack Obama Speaks in Washington D.C. at AIPAC Conference," CNN, June 4, 2008.(6)"Senator Barack Obama Speaks in Washington D.C. at AIPAC Conference," CNN, June 4, 2008.
Rosenberg is treasurer on the board of AIPAC.
The Issues
As a member of AIPAC’s board of directors, Rosenberg has focused on strengthening the relationship between the United States and Israel. The organization has called for tougher sanctions to prevent Iran from building nuclear weapons, aid to improve the economy in the West Bank and help from its allies to help stem the buildup of rockets by Hezbollah.http://www.aipac.org/The_Issues/index.asp (7)http://www.aipac.org/The_Issues/index.asp
Obama has said he is a “stalwart” supporter of the Jewish state, calling for an eventual peaceful two-state solution to the Middle East conflict. The president-elect has also said that he would not meet with members of the Palestinian militant organization Hamas unless it recognized Israel’s right to exist and renounced violence.Wallsten, Peter, "Campaign ’08: Race for the White House; Allies of Palestinians see a friend in Obama; They consider him receptive despite his clear support of Israel," Los Angeles Times, April 10, 2008.(8)Wallsten, Peter, "Campaign ’08: Race for the White House; Allies of Palestinians see a friend in Obama; They consider him receptive despite his clear support of Israel," Los Angeles Times, April 10, 2008.
One of AIPAC’s central goals is to advocate for U.S. aid to Israel so that the country can expand its military capabilities and security measures against militant groups in the turbulent Middle East. In 2007, Israel implemented an agreement in which the U.S. agreed to give Israel $30 billion in military assistance over the next ten years. AIPAC will continue to lobby Congressional support for foreign aid to Israel.
The Network
Rosenberg has ties to several of Obama’s Chicago associates in the Jewish community including Lester Crowne, a local billionaire whose son, Jim, is Obama’s Illinois finance chairman; Penny Pritzker, the campaign’s national finance chairwoman; and Abner Mikva, a former congressman and federal judge and Obama mentor.Kreiger, Hilary, "Mr. Obama’s neighborhood," Jerusalem Post, Oct. 24, 2008.(9)Kreiger, Hilary, "Mr. Obama’s neighborhood," Jerusalem Post, Oct. 24, 2008.
Footnotes
1."Obama Delivers Remarks at the American Israel Public Affairs Committee Annual Conference," The Washington Post, June 4, 2008
2.Murray, Shailagh, "In Obama’s Circle, Chicago Remains the Tie That Binds," Washington Post, July 14, 2008.
3.http://www.lrsmedia.net/about?id=0003
4.Kreiger, Hilary, "Mr. Obama’s neighborhood," Jerusalem Post, Oct. 24, 2008
5.WhoRunsGov.com interview
6."Senator Barack Obama Speaks in Washington D.C. at AIPAC Conference," CNN, June 4, 2008.
7.http://www.aipac.org/The_Issues/index.asp
8.Wallsten, Peter, "Campaign ’08: Race for the White House; Allies of Palestinians see a friend in Obama; They consider him receptive despite his clear support of Israel," Los Angeles Times, April 10, 2008.
9.Kreiger, Hilary, "Mr. Obama’s neighborhood," Jerusalem Post, Oct. 24, 2008.
Above at:http://www.whorunsgov.com/Profiles/Lee_Rosenberg
So his profile is: Chicago, entertainment industry, "venture" capital, Crowne and Pritzger interests, fundraising for AIPAC...
Posted by: Clifford Kiracofe | 22 March 2010 at 06:52 AM
Thanks to Mr. Whitman and Col. Lang for posting this info. Fascinating. Just fascinating. Mesmerzing, actually.
Feds are serious about this one. No doubt about it. The 404 memo is a great read. Footnote one does an absolutely beautiful job explaining 404 evidence, from the prosecutor’s pov. A judge has much leeway in granting or denying 404b evidence, and a ruling may telegraph which way the judge leans.
The defendant is quoted in the memo as saying, “It’s not a crime if you do not do the time.” The Feds’ sub textual message to the defendant via this 404B memo, is “Fed time is real time.”
CIPA is a major problem, for the Feds, a major gift for the defendant.
Honestly, I believe there is a way for the government to curtail the effects of CIPA. I spent a little exploring an aspect of CIPA and my preliminary conclusion was that this strategy deserves a closer look. Odds of success are still unknown -- and the answer may be readily available to some government lawyer in the know -- but it does warrant a little more research. I discussed this idea briefly with another attorney -- and she is smarter than I am as well as smarter than some high falutin government lawyer -- and she said, “I don’t see why not”. But CIPA is not her forte either and there is only so much info available via google.
And, for what it is worth, then the question suddenly dawned on me, “Why the hell am I researching this?” And she found that question of extremely high probative value as well. Actually, it was the determinative question. So I put it all aside. But it’s worth a look, imo. Would make for a decent law review article, I reckon, if you get beyond some threshold questions, the answers to which I do not know but would be readily available to lawyers who have ridden in a taxpayer sponsored Crown Vic's.
The superseding indictment cites two Executive Orders -- 12958 and 13292. Now those are two intriguing executive orders, as the first one was signed by Clinton and the second signed by Bush. As another inquiry of absolutely no probative value, I became fascinated with the those two eo’s awhile back and wasted an entire Saturday analyzing the two orders. My gut kept telling me that the second eo was related to the rise of the imperial (vice) presidency, particularly since it was signed just a few days after the beginning of Shock and Awe. The effort did up as a letter that Nation magazine posted and perhaps it does present inculpatory evidence as to what Addington and company were up to in March 2003. Feds may not like the analysis but it is what it is:
http://www.thenation.com/bletters/20070709/huq (2nd letter down, Nation gave it a “star”. Yahoo!).
Lastly and back to the Nozette case, the FBI undercover agent (UCE) deserves a grateful tip of the American hat. Extraordinary. Just extraordinary. Those Fed prosecutors need to chip in and go buy him (or her?) a milkshake at Wendys or a mocha at Starbucks as thanks. It always comes down to the work of investigators. Maybe a gift card to the Olive Garden or Targets. A bottle of two buck chuck at Trader Joes. Something along those lines.
Posted by: Sidney O. Smith III | 22 March 2010 at 10:53 AM
""Rosenberg is known as an expert in bringing in big money from powerful people who generally are not outwardly committed to Israel."
To me, this sounds exactly like protection money.
On the question of Mr. Nozette, from the deposition, he sounds to me exactly like an amateur.
I can't believe he was treated as anything more than a "useful idiot" by the Israelis. They do not appear to have invested heavily in this man in the sense of training, cover stories or any emotional care and feeding. Nozette appears to be a venal idiot, but what would I know?
Posted by: walrus | 22 March 2010 at 12:27 PM
Hey, anybody noticed there are bunch of SAR satellite being launched in late 00's? heh.
I want my own SAR sat. too. I need better way to find parking spot dammit.
--------
click on the list bottom of page. (US and Russia are not listed for some reason. I guess I have to update the table)
SAR-Lupe-1 (2006)
Yaogan 1 (2006)
COSMO-SkyMed (2007,7,8,10)
TecSAR (2008) <--- ha ha ha ...
RISAT-2 (2009)
http://en.wikipedia.org/wiki/Spy_satellite
Posted by: curious | 22 March 2010 at 02:02 PM
Having read the documents, this seems to be the state of play:
The Justice Department lawyers have laid out a strong case of why this wasn't entrapment (though I'm no lawyer suspicion of him seems eminently reasonable after the tax evasion investigation). Around 2007 it was discovered, while looking into his tax evasion, that he was illegally hoarding secret and/or "top secret" documents on home computers, and that he was doing this while a paid "consultant" for Israel Aerospace Industries. In the sting that got him, he said he assumed he was working for the "Mossad" all along. Justice doesn't come out and say that he was passing secrets to IAI, but his own assumption of working for Mossad implies to me that he was passing along more than his expert opinion on open-source technical documents. Yet there are no charges on the more serious crime I'm presuming (more serious because that would involve actual harm to the US).
So, either they have no evidence that he passed secrets to Israel OR they're avoiding indictment on those charges now while using the withheld charges as a cudgel of some sort to get him to make a proffer.
Are there options that I'm missing? And if it's the later, what might he be able to give them that would convince Justice to agree to a lighter sentence for Nozette?
Posted by: DanM | 22 March 2010 at 03:19 PM
It is somewhat disconcerting that the order of the COIF of the DOJ has not figured out a way to curtail the impact of CIPA.
How many millions of dollars have been spent and, all the while, the order of the COIF of the DOJ is yet to connect the dots? How many times has national security been compromised because of this failure? How many lives have been endangered, if not lost?
And is the answer right there for all them high falutin, fancy shmancy government people?
Geez, now when my lady friend and I have dinner at Montmartre in the Eastern Market, I can look around and say, “tis a shame these people couldn’t figure it out.”
Posted by: Sidney O. Smith III | 03 April 2010 at 11:12 AM