Jeffrey Sterling Indicted Under Espionage Act for Alleged Leak to James Risen

Former CIA officer Jeffrey Alexander Sterling was indicted on espionage charges for allegedly revealing details about Operation Merlin—a botched covert operation to sabotage Iran’s nuclear program—to New York Times journalist James Risen. The case became a flashpoint in the conflict between national security prosecutions and press freedom.

Operation Merlin and the Alleged Leak

Operation Merlin was a CIA covert operation in the late 1990s that involved providing flawed nuclear weapons blueprints to Iran through a Russian defector. The operation was deeply problematic: the Russian scientist quickly identified obvious flaws in the blueprints and may have inadvertently helped Iran’s nuclear program instead of sabotaging it. Sterling allegedly provided information about this operation to James Risen, who published details in his 2006 book “State of War.”

The Prosecution and Press Freedom Battle

Sterling was indicted under the Espionage Act despite the government’s inability to produce direct evidence that he discussed Operation Merlin with Risen. Prosecutors relied on circumstantial evidence showing that Sterling and Risen had communicated, along with the timeline of their contacts. The Obama administration aggressively pursued Risen, subpoenaing him to reveal his source and threatening him with jail time for refusing to testify—a battle Risen fought for seven years against both the Bush and Obama Justice Departments.

Just before trial, the Obama administration backed off its demand that Risen testify after widespread criticism about First Amendment violations. However, prosecutors proceeded with the case using email records and phone logs as circumstantial evidence.

Racial Discrimination Context

Sterling maintained that the prosecution was retaliatory punishment for filing a racial discrimination lawsuit against the CIA in 2001. Sterling, who is African American, alleged he faced unequal treatment and was denied opportunities given to white colleagues. After an appeals court rejected his discrimination suit in 2005, Sterling’s contacts with Risen increased—a pattern prosecutors used to argue his motive was revenge rather than public interest.

Conviction and Sentencing

On January 26, 2015, Sterling was convicted on all espionage charges despite the absence of direct evidence linking him to the leak. On May 11, 2015, he was sentenced to three and a half years in federal prison. The conviction came 27 years after the last person was convicted under the Intelligence Identities Protection Act.

Significance

The Sterling case exemplified the Obama administration’s aggressive prosecution of whistleblowers and its willingness to threaten journalists to obtain convictions. The case raised fundamental questions about government accountability: Sterling was imprisoned for allegedly revealing a failed covert operation that may have aided rather than hindered Iran’s nuclear program, while no one involved in designing or approving the flawed operation faced consequences. The prosecution’s reliance on circumstantial evidence and the racial discrimination context further highlighted concerns about selective and punitive enforcement.