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USA v. Thomas A. Drake: Selected Case Files

On April 14, 2010, former NSA official Thomas A. Drake was indicted on ten felony counts of unlawful retention of classified information, obstruction of justice and making false statements. But the government's case against him collapsed and all of those counts were dismissed before trial. On July 15, 2011 he was sentenced to one year probation after pleading guilty to a misdemeanor charge of Exceeding Authorized Use of a Computer.

Selected Case Files

• Comments of Bill Leonard in Reply to the ISOO Response to his Complaint, December 31, 2012
• Information Security Oversight Office Reply to Complaint from J. William Leonard, December 26, 2012
• Court Grants Defense Motion for Relief from Protective Order, September 10, 2012
• Defense Requests That Court Grant Relief from Protective Order, August 14, 2012
• Govt Notice of Release of Requested Documents Under FOIA, July 26, 2012 (What A Wonderful Success email, expert disclosure letters, complaint by J. William Leonard regarding overclassification)
• Defense Reply in Support of Motion for Relief from Protective Order, July 11, 2012
• Govt Opposition to Defense Motion for Relief from Protective Order, June 22, 2012
• Motion for Further Relief from Protective Order and Affidavit of J. William Leonard, May 22, 2012
• Order Granting Defense Motion for Relief from Protective Order, July 29, 2011
• Defendant's Consent Motion for Relief from Protective Order, July 29, 2011
• Transcript of Sentencing Hearing, July 15, 2011
• Sentence of Probation, Community Service Imposed by Court, July 15, 2011
• Sentencing Memorandum (Redacted), July 11, 2011
Exhibit List
Exhibit A (sealed), character letters
Exhibit B, excerpt from book by Thomas Drake's mother
Exhibit C, US Air Force records
Exhibit D (sealed), character letters
Exhibit E, US Navy records
Exhibit F, letters of commendation from NSA
Exhibit G (sealed), character letters
Exhibit H, evaluation letter from Commandant, National Defense University
Exhibit I (sealed), character letters
Exhibit J (sealed), character letters

• Defense Motion to Seal Sentencing Memorandum and Character Letters, July 11, 2011
• Govt Motion to Dismiss Indictment at Time of Sentencing, June 10, 2011
• Plea Agreement, June 9, 2011
• Criminal Information, statement of new charge for settlement, June 9, 2011
• Sealed Order Regarding Admissibility of Substitutions for Classified Information, June 7, 2011
• Govt Says It Will Excise All Reference to a Certain Technology, June 5, 2011
• Defendant's Reply Regarding Classified Info in the Public Domain, June 2, 2011
• Memorandum Opinion, June 2, 2011
• Order Regarding Admissibility of Classified Information, June 1, 2011
• Defense Reply to Govt Response of May 30, May 31, 2011
• Govt Response to May 30 Defense Letter, May 30, 2011
• Defense Letter on Govt Proposed Substitutions, May 30, 2011
• Defense Memo on Evidence of Classified Information in the Public Domain (Sealed), May 23, 2011
• Order Granting Defense Motion for Reciprocal Disclosure Under CIPA, May 23, 2011
• Defense Response to Govt Position on CIPA, May 19, 2011
• Govt Reply to Defendant on CIPA, May 16, 2011
• Defense Motion for Reciprocal Disclosure under CIPA, May 12, 2011
• Defendant's Response to Govt Memorandum on CIPA, May 10, 2011
• Govt Memorandum of Law Regarding Application of CIPA, May 9, 2011
• Memorandum Opinion Denying Defendant's Motions to Dismiss and to Find Sections 5 and 6 of CIPA Unconstitutional, April 13, 2011
• Order Denying Defendant's Motion for a Bill of Particulars, April 11, 2011
• Memorandum Opinion denying Defendant's motion to dismiss Count Two, April 4, 2011
• Transcript of Motions Hearing, March 31, 2011
• Amicus Curiae Brief Filed by Government Accountability Project, March 29, 2011
• Defendant's Reply in Support of Disclosure of DoD Inspector General Documents, March 28, 2011
• Government's Opposition to Disclosure of DoD Inspector General Documents, March 21, 2011
• Government's Reply in Support of Motion to Exclude Evidence of Whistleblowing, March 21, 2011
• Government's Reply in Support of Motion for an In Camera Hearing, Use of Silent Witness Rule, March 18, 2011
• Government's Reply in Support of Motion to Exclude Newspaper Articles, March 18, 2011
• Government's Reply in Support of Motion to Exclude Evidence of Overclassification, March 18, 2011
• Defendant's Reply in Support of Motion to Dismiss Counts One through Five, March 18, 2011
• Defendant's Reply in Support of Motion to Dismiss Count Two, March 18, 2011
• Defendant's Reply in Support of Motion for Declaration that Sections of CIPA are Unconstitutional, March 18, 2011
• Defendant's Reply in Support of Motion for Bill of Particulars, March 18, 2011
• Government's Motion for Leave to Seal Defense Exhibits filed March 11, March 16, 2011
• Defense Memorandum in Support of DoD Inspector General Audit Documents, March 15, 2011
• Defense Response to Government's Motion to Exclude Discussion of Whistleblowing, March 15, 2011
• Status and Scheduling Order, March 14, 2011
• Defense Response to Government's Motion to Exclude Discussion of Overclassification, March 11, 2011 (with Exhibits)
• Defense Response to Government's Motion for an In Camera Hearing, March 11, 2011
• Government's Objection to Defense Ex Parte Memorandum for Disclosure of Inspector General Audit Documents, March 11, 2011
• Government's Response to Defense Motion to Dismiss Counts One through Five, March 11, 2011
• Government's Response to Defense Motion for a Declaration that Sections 5 and 6 of CIPA are Unconstitutional, March 11, 2011
• Government's Response to Defense Motion for Bill of Particulars, March 11, 2011
• Government's Notice Under CIPA, February 25, 2011
• Government's Motion for an In Camera Hearing, February 25, 2011
• Government's Motion in Limine (Ex Parte), February 25, 2011
• Government's Motion to Exclude Reference to Newspaper Articles, February 25, 2011
• Government's Motion to Exclude Evidence of "Overclassification", February 25, 2011
• Government's Motion to Preclude Evidence of "Whistleblowing", February 25, 2011
• Defendant's Motion to Dismiss Counts One to Five Based on Constitutional Challenge to 18 USC 793, February 25, 2011
• Defendant's Motion for a Declaration that Sections 5 and 6 of CIPA are Unconstitutional, February 25, 2011
• Defendant's Motion to Dismiss Count Two Based on Unclassified Nature of Document, February 25, 2011
• Defendant's Motion for a Bill of Particulars, February 25, 2011
• Court Order on Briefing Schedule, February 23, 2011
• Defendant's Reply on Status Report, February 22, 2011
• Gov't's Response to Defendant's Status Report, February 15, 2011
• Defendant's Report on Discovery Status, February 12, 2011
• Revised Scheduling Order, January 4, 2011
• Fifth Status Report, December 19, 2010
• Gov't's Response to Defense Memo on Experts' Access to Classified Info, November 12, 2010
• Defendant's Memo in Support of Motion for Defendant's Experts' Access to Classified Information, November 1, 2010
• Status Report, October 28, 2010
• Govt's Motion to Amend Motion for Disclosure of Defendant's Experts' Names, October 28, 2010
• Order Granting Defendant's Motion to Authorize Background Investigation, October 26, 2010
• Defendant's Motion for an Order Authorizing Background Investigation into Defendant's Proposed Experts, October 22, 2010
• Order Confirming Telephone Conference, October 22, 2010
• Defendant's Correspondence Re: Protective Order, October 22, 2010
• Govt's Motion for Disclosure of the Names of Two Proposed Defense Experts, October 19, 2010
• Defendant's Motion for Order Authorizing Defense Experts' Access to Classified Information, October 12, 2010
• Status Report for Second Status Conference, September 23, 2010
• Discovery Update, August 26, 2010
• Scheduling Order, July 28, 2010
• Govt Motion for Protective Order, May 17, 2010
• Proposed Protective Order Regarding Classified Information
• Proposed Memorandum of Understanding for Recipients of Classified Information
• Govt Motion for Pretrial Conference Under the Classified Information Procedures Act, May 5, 2010
• Order Granting Protective Order, April 29, 2010
• Order to Exclude Time, April 29, 2010
• Joint Motion to Waive Speedy Trial, April 29, 2010
• Joint Motion for Protective Order, April 29, 2010
• Court Order Setting Conditions of Release, April 26, 2010
• Indictment, April 14, 2010

Related Resources

• The Secret Sharer: Is Thomas Drake an Enemy of the State? by Jane Mayer, The New Yorker, May 23, 2011

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Maintained by Steven Aftergood
Updated March 18, 2013