'How Jeffrey Sterling Took on the CIA — and Lost Everything' diff viewer (2/3)

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~~Jeffrey Sterling Took on the CIA — And Lost Everything~~	How Jeffrey Sterling Took on the CIA — and Lost Everything
2015-06-19 17:30:10 UTC	2016-01-26 04:25:06 UTC (7 months later)
THIS IS HOW it ended for Jeffrey Sterling.	THIS IS HOW it ended for Jeffrey Sterling.
A former covert officer for the Central Intelligence Agency, Sterling sat down in a federal courtroom with a lawyer on either side, looking up at a judge who would announce in a few moments whether he would go to prison for the next 20 years. A few feet away, three prosecutors waited expectantly, hoping that more than a decade of investigation by the FBI would conclude with a severe sentence for a man who committed an “unconscionable” crime, as one of them told the judge.	A former covert officer for the Central Intelligence Agency, Sterling sat down in a federal courtroom with a lawyer on either side, looking up at a judge who would announce in a few moments whether he would go to prison for the next 20 years. A few feet away, three prosecutors waited expectantly, hoping that more than a decade of investigation by the FBI would conclude with a severe sentence for a man who committed an “unconscionable” crime, as one of them told the judge.
In Sterling’s blind spot, behind his left shoulder, his wife tried not to sob so loudly that the judge would hear. A social worker, she had been interrogated by FBI agents, her modest home was searched, she had been made to testify before a grand jury, and she had given up her hopes for an ordinary life — a child or two rather than the miscarriages she had, a husband who could hold a job, a life that was not under surveillance, and friends who were free of harassment from government agents asking for information about her and her husband.	In Sterling’s blind spot, behind his left shoulder, his wife tried not to sob so loudly that the judge would hear. A social worker, she had been interrogated by FBI agents, her modest home was searched, she had been made to testify before a grand jury, and she had given up her hopes for an ordinary life — a child or two rather than the miscarriages she had, a husband who could hold a job, a life that was not under surveillance, and friends who were free of harassment from government agents asking for information about her and her husband.
One of Sterling’s lawyers stood up to ask for leniency. Sterling was a good person, the lawyer said, not a traitor. He was the first in his family to graduate from college. After leaving the CIA, he worked as a healthcare investigator and won awards for uncovering millions of dollars in fraud. He loved his wife. He did not cause any harm and did not deserve to be locked up until he was an old man for talking to a New York Times reporter about a classified program that he believed had gone awry. Please let the sentence be fair, the lawyer said.	One of Sterling’s lawyers stood up to ask for leniency. Sterling was a good person, the lawyer said, not a traitor. He was the first in his family to graduate from college. After leaving the CIA, he worked as a healthcare investigator and won awards for uncovering millions of dollars in fraud. He loved his wife. He did not cause any harm and did not deserve to be locked up until he was an old man for talking to a New York Times reporter about a classified program that he believed had gone awry. Please let the sentence be fair, the lawyer said.
It was time for Sterling to say a few words. His lawyers followed him to the lectern, standing a half step behind, as though to steady him if he wavered. A tall man with a low voice, Sterling thanked the court for its efforts to conduct the trial and thanked the judge for delaying its start so he could attend the funeral of one of his brothers. He did not say whether, as the jury had decided, he was guilty of what they had convicted him for — violating the Espionage Act and other laws related to disclosing classified information.	It was time for Sterling to say a few words. His lawyers followed him to the lectern, standing a half step behind, as though to steady him if he wavered. A tall man with a low voice, Sterling thanked the court for its efforts to conduct the trial and thanked the judge for delaying its start so he could attend the funeral of one of his brothers. He did not say whether, as the jury had decided, he was guilty of what they had convicted him for — violating the Espionage Act and other laws related to disclosing classified information.
Sterling’s battle against the government had begun more than 15 years earlier, when he was still at the CIA. After he lodged a racial discrimination complaint, he was fired by the agency and filed two federal lawsuits against it, one for retaliation and discrimination, another for obstructing the publication of his autobiography. He also spoke as a whistleblower to Congress. Soon, his savings ran out and he became all but homeless, driving around the country, lost in despair. He eventually returned to his hometown near St. Louis and rebuilt his life, finding the woman who became his wife and landing a job he thrived at.	Sterling’s battle against the government had begun more than 15 years earlier, when he was still at the CIA. After he lodged a racial discrimination complaint, he was fired by the agency and filed two federal lawsuits against it, one for retaliation and discrimination, another for obstructing the publication of his autobiography. He also spoke as a whistleblower to Congress. Soon, his savings ran out and he became all but homeless, driving around the country, lost in despair. He eventually returned to his hometown near St. Louis and rebuilt his life, finding the woman who became his wife and landing a job he thrived at.
His new life was torn apart when FBI agents came to his workplace in 2011, placing him in handcuffs and parading him past his colleagues. A few days later, still in jail, he was fired because he had not shown up for work. The drama ended in a wood-paneled courtroom in Alexandria, Virginia on a warm afternoon in May, after Sterling finished his brief statement to the judge.	His new life was torn apart when FBI agents came to his workplace in 2011, placing him in handcuffs and parading him past his colleagues. A few days later, still in jail, he was fired because he had not shown up for work. The drama ended in a wood-paneled courtroom in Alexandria, Virginia on a warm afternoon in May, after Sterling finished his brief statement to the judge.
Sterling’s case has drawn attention primarily for two reasons: it was part of the Obama Administration’s controversial crackdown on leakers and whistleblowers, and prosecutors had tried to force the Times reporter, James Risen, to divulge the name of his source, whom the government believed was Sterling. The case, known as United States of America v. Jeffrey Alexander Sterling, was treated mainly as a freedom-of-the-press issue, with Risen as the heroic centerpiece. Lost in the judicial briefs about the First Amendment was the black man in the middle.	Sterling’s case has drawn attention primarily for two reasons: it was part of the Obama Administration’s controversial crackdown on leakers and whistleblowers, and prosecutors had tried to force the Times reporter, James Risen, to divulge the name of his source, whom the government believed was Sterling. The case, known as United States of America v. Jeffrey Alexander Sterling, was treated mainly as a freedom-of-the-press issue, with Risen as the heroic centerpiece. Lost in the judicial briefs about the First Amendment was the black man in the middle.
This is Sterling’s story.	This is Sterling’s story.
D ~~URING~~ HIS LAST year of law school in St. Louis, Sterling was reading a newspaper between classes. He noticed an advertisement that showed a man standing at the edge of a body of water and looking at the horizon in an inspirational way. See the world, the ad said. Serve your country. Join the CIA.	DURING HIS LAST year of law school in St. Louis, Sterling was reading a newspaper between classes. He noticed an advertisement that showed a man standing at the edge of a body of water and looking at the horizon in an inspirational way. See the world, the ad said. Serve your country. Join the CIA.
It got him.	It got him.

As a teenager, Sterling had become fascinated with the rest of the world. When he arrived home from high school, he would watch the MacNeil/Lehrer Report on PBS. Attending a racially mixed high school, he didn’t fit in. He remembers being called an Oreo, black on the outside and white on the inside, because his interests didn’t coincide with some people’s concept of what a black kid should do or think or say. Within hours of reading the CIA ad he began working on his application.	As a teenager, Sterling had become fascinated with the rest of the world. When he arrived home from high school, he would watch the MacNeil/Lehrer Report on PBS. Attending a racially mixed high school, he didn’t fit in. He remembers being called an Oreo, black on the outside and white on the inside, because his interests didn’t coincide with some people’s concept of what a black kid should do or think or say. Within hours of reading the CIA ad he began working on his application.
His first day at Langley — what people at the agency call their “EOD,” or Entrance On Duty — was May 13, 1993. He was told to park behind the main building and enter through the back doors used by most employees. But Sterling made a detour around the long sides of the building to walk through the grand entrance — the one with the shiny CIA emblem on the marble floor, where you walk by a wall that has stars for each CIA officer killed in the line of duty.	His first day at Langley — what people at the agency call their “EOD,” or Entrance On Duty — was May 13, 1993. He was told to park behind the main building and enter through the back doors used by most employees. But Sterling made a detour around the long sides of the building to walk through the grand entrance — the one with the shiny CIA emblem on the marble floor, where you walk by a wall that has stars for each CIA officer killed in the line of duty.
“That was a thrill,” he told me. “I actually did that for the first few days. It meant that much to me, to be able to walk in that front door knowing that I was part of something special. I was so proud of it.”	“That was a thrill,” he told me. “I actually did that for the first few days. It meant that much to me, to be able to walk in that front door knowing that I was part of something special. I was so proud of it.”
I met Sterling in April, at his home in O’Fallon, on the outskirts of St. Louis. It had been three months since the jury convicted him, and he was waiting for the hearing at which he would find out whether he would receive the term recommended under federal sentencing guidelines — between 19 to 24 years in prison. He was surprisingly tranquil, occasionally stroking his gray-flecked goatee as he talked about his long fight with the government. Other than discussing his case in a short documentary directed by Judith Ehrlich and produced by Norman Solomon, Sterling has not talked publicly about it. The Justice Department, asked to respond to his account, refused to provide any comment.	I met Sterling in April, at his home in O’Fallon, on the outskirts of St. Louis. It had been three months since the jury convicted him, and he was waiting for the hearing at which he would find out whether he would receive the term recommended under federal sentencing guidelines — between 19 to 24 years in prison. He was surprisingly tranquil, occasionally stroking his gray-flecked goatee as he talked about his long fight with the government. Other than discussing his case in a short documentary directed by Judith Ehrlich and produced by Norman Solomon, Sterling has not talked publicly about it. The Justice Department, asked to respond to his account, refused to provide any comment.
IT DID NOT take long, apparently, for the color of Sterling’s skin to set him apart at the CIA.	IT DID NOT take long, apparently, for the color of Sterling’s skin to set him apart at the CIA.
Once he had completed the agency’s version of basic spy training, Sterling was assigned to the Iran Task Force and dispatched to language school to learn Farsi. In 1997, just before he was to leave for his first overseas post in Germany, he was told that somebody else was going instead.	Once he had completed the agency’s version of basic spy training, Sterling was assigned to the Iran Task Force and dispatched to language school to learn Farsi. In 1997, just before he was to leave for his first overseas post in Germany, he was told that somebody else was going instead.
“We’re concerned that you would stick out as a big black guy speaking Farsi,” Sterling recalls his supervisor saying.	“We’re concerned that you would stick out as a big black guy speaking Farsi,” Sterling recalls his supervisor saying.
Shocked, he responded, “Well, when did you figure out I was black?”	Shocked, he responded, “Well, when did you figure out I was black?”
The agency did not have a good record on diversity. At the time, all of its directors, deputy directors and chiefs of espionage operations had been white men. In 1995, the agency had agreed to pay $990,000 to settle a class-action lawsuit filed by female case officers who accused the agency of sex discrimination. The agency promised to do better on both racial and gender diversity — but it wasn’t, as far as Sterling could tell.	The agency did not have a good record on diversity. At the time, all of its directors, deputy directors and chiefs of espionage operations had been white men. In 1995, the agency had agreed to pay $990,000 to settle a class-action lawsuit filed by female case officers who accused the agency of sex discrimination. The agency promised to do better on both racial and gender diversity — but it wasn’t, as far as Sterling could tell.
“I seriously considered leaving the agency,” he told me. “But I believed in what I would be able to do. I believed in the career I could have there.”	“I seriously considered leaving the agency,” he told me. “But I believed in what I would be able to do. I believed in the career I could have there.”

A few months later, he accepted a different overseas assignment. Shortly before he was to leave, a supervisor said he would instead go to the position in Germany that he had previously been turned down for, because the officer they were planning to send had pulled out. Sterling, a proud man, said he didn’t want to take a position for which he had been deemed second-best.	A few months later, he accepted a different overseas assignment. Shortly before he was to leave, a supervisor said he would instead go to the position in Germany that he had previously been turned down for, because the officer they were planning to send had pulled out. Sterling, a proud man, said he didn’t want to take a position for which he had been deemed second-best.
“You either go where we want or you’re going nowhere,” Sterling says he was told.	“You either go where we want or you’re going nowhere,” Sterling says he was told.
He went.	He went.
“I was like, OK, I can deal with this, I at least have an assignment,” Sterling told me. “I’ll prove to them how I’m a great case officer.”	“I was like, OK, I can deal with this, I at least have an assignment,” Sterling told me. “I’ll prove to them how I’m a great case officer.”
Sterling recalls being the only black officer at the agency’s station in Bonn. His cover was as an Army logistics officer rather than a State Department officer, and he says this made it more difficult to gain entry to the social and political circles where foreign spies are recruited; doors that open for diplomats are closed to logistics officers. He believes his bosses thought the color of his skin meant he wouldn’t do as well as other officers, so they didn’t bother giving him a good cover.	Sterling recalls being the only black officer at the agency’s station in Bonn. His cover was as an Army logistics officer rather than a State Department officer, and he says this made it more difficult to gain entry to the social and political circles where foreign spies are recruited; doors that open for diplomats are closed to logistics officers. He believes his bosses thought the color of his skin meant he wouldn’t do as well as other officers, so they didn’t bother giving him a good cover.
“I couldn’t get into a janitor’s convention,” he said.	“I couldn’t get into a janitor’s convention,” he said.
Sterling returned to the U.S. and was assigned to the counter-proliferation division at the agency’s headquarters before being dispatched to the New York station, where he says that once again he was the only black officer. Things did not go smoothly. He was given an unusual ultimatum — start recruiting three new spies, hold three meetings with each of them, or leave New York. He felt singled out, asked to do more than other officers while lacking the cover they had.	Sterling returned to the U.S. and was assigned to the counter-proliferation division at the agency’s headquarters before being dispatched to the New York station, where he says that once again he was the only black officer. Things did not go smoothly. He was given an unusual ultimatum — start recruiting three new spies, hold three meetings with each of them, or leave New York. He felt singled out, asked to do more than other officers while lacking the cover they had.
“That was the last I could take of it,” Sterling recalled. “I just said ‘No, I don’t accept this and I’m going to file a complaint.’”	“That was the last I could take of it,” Sterling recalled. “I just said ‘No, I don’t accept this and I’m going to file a complaint.’”
He was transferred back to Langley, where he was given a closet-sized office that he and the co-worker he shared it with jokingly called “the penalty box.” He filed an internal racial discrimination complaint that didn’t succeed, and soon he was fired. John Brennan, who at the time was the agency’s deputy executive director and is currently its director, told the New York Times that “it was an unfortunate situation because Jeffrey was a talented officer and had a lot of skills we are looking for, and we wanted him to succeed. We were quite pleased with Jeffrey’s performance in a number of areas. Unfortunately, there were some areas of his work and development that needed some improvement.”	He was transferred back to Langley, where he was given a closet-sized office that he and the co-worker he shared it with jokingly called “the penalty box.” He filed an internal racial discrimination complaint that didn’t succeed, and soon he was fired. John Brennan, who at the time was the agency’s deputy executive director and is currently its director, told the New York Times that “it was an unfortunate situation because Jeffrey was a talented officer and had a lot of skills we are looking for, and we wanted him to succeed. We were quite pleased with Jeffrey’s performance in a number of areas. Unfortunately, there were some areas of his work and development that needed some improvement.”
In O’Fallon, Sterling and I met at the single-story home he shares with his wife and two cats in a community of nearly identical red-and-white houses. “We’re really outside the beltway here,” he joked at one point. He has a voice that’s made for radio — deep and fluid, a bass that usually stays in the same comfortable register. He was dressed in jeans and a short-sleeved shirt, with sandals on his feet. On the wall, there was a print by Salvador Dali of two butterflies dancing in the air. His tone varied only once or twice, when his steady voice sharpened into a knife.	In O’Fallon, Sterling and I met at the single-story home he shares with his wife and two cats in a community of nearly identical red-and-white houses. “We’re really outside the beltway here,” he joked at one point. He has a voice that’s made for radio — deep and fluid, a bass that usually stays in the same comfortable register. He was dressed in jeans and a short-sleeved shirt, with sandals on his feet. On the wall, there was a print by Salvador Dali of two butterflies dancing in the air. His tone varied only once or twice, when his steady voice sharpened into a knife.
“I had dedicated myself to that agency,” he said, when I asked why he chose to confront the CIA rather than, as many people might have done, carry on quietly or resign without filing a lawsuit. “I couldn’t just walk away from something that was so vital to me and that I knew I was good at, proved I was good at. That was it for me … No, you are not going to treat me that way.”	“I had dedicated myself to that agency,” he said, when I asked why he chose to confront the CIA rather than, as many people might have done, carry on quietly or resign without filing a lawsuit. “I couldn’t just walk away from something that was so vital to me and that I knew I was good at, proved I was good at. That was it for me … No, you are not going to treat me that way.”
IN 1972, JIM CROCE came out with a hit song, “You Don’t Mess Around with Jim,” that had several lines about the things a sensible person never does, such as spitting into the wind, pulling off the mask of the Lone Ranger, and tugging on Superman’s cape. Sterling pointed to that last bit of advice — not tugging on Superman’s cape — to describe the path he took. He challenged the CIA, and it probably wasn’t a sensible choice.	IN 1972, JIM CROCE came out with a hit song, “You Don’t Mess Around with Jim,” that had several lines about the things a sensible person never does, such as spitting into the wind, pulling off the mask of the Lone Ranger, and tugging on Superman’s cape. Sterling pointed to that last bit of advice — not tugging on Superman’s cape — to describe the path he took. He challenged the CIA, and it probably wasn’t a sensible choice.
In 2001, as he was leaving the agency, he filed a federal lawsuit that said the CIA retaliated against him for making an internal discrimination complaint, and that he had indeed faced a pattern of discrimination there. The suit was dismissed by a judge after the CIA successfully argued in pre-trial motions that a trial would expose state secrets by disclosing sources and methods of intelligence-gathering. An appeals court upheld that ruling, though it noted that the dismissal “places, on behalf of the entire country, a burden on Sterling that he alone must bear” by being deprived of his right to a trial. The dismissal spared Sterling’s supervisors from testifying about their interactions with him. The government has not provided specific responses, in court or to the media, about his accusations of racial discrimination, other than to generally state that he faced none.	In 2001, as he was leaving the agency, he filed a federal lawsuit that said the CIA retaliated against him for making an internal discrimination complaint, and that he had indeed faced a pattern of discrimination there. The suit was dismissed by a judge after the CIA successfully argued in pre-trial motions that a trial would expose state secrets by disclosing sources and methods of intelligence-gathering. An appeals court upheld that ruling, though it noted that the dismissal “places, on behalf of the entire country, a burden on Sterling that he alone must bear” by being deprived of his right to a trial. The dismissal spared Sterling’s supervisors from testifying about their interactions with him. The government has not provided specific responses, in court or to the media, about his accusations of racial discrimination, other than to generally state that he faced none.
He tugged on the CIA’s cape in other ways. He wrote a memoir, tentatively titled Spook: An American Journey Through Black and White, and submitted chapters for pre-publication review. According to a lawsuit Sterling filed in 2003, the CIA determined that his manuscript contained classified information that should not be published, and demanded that he add information that, his suit said, was “blatantly false.” Facing a tough legal battle with a presiding judge who seemed sympathetic to the CIA, Sterling eventually agreed to drop the suit. His manuscript has not been published.	He tugged on the CIA’s cape in other ways. He wrote a memoir, tentatively titled Spook: An American Journey Through Black and White, and submitted chapters for pre-publication review. According to a lawsuit Sterling filed in 2003, the CIA determined that his manuscript contained classified information that should not be published, and demanded that he add information that, his suit said, was “blatantly false.” Facing a tough legal battle with a presiding judge who seemed sympathetic to the CIA, Sterling eventually agreed to drop the suit. His manuscript has not been published.
Also in 2003, Sterling met staffers from the Senate Select Committee on Intelligence to let them know his concerns about the mismanagement of a classified program he worked on at the agency. Merlin, as the program was called, involved the CIA giving Iran faulty nuclear blueprints. If the blueprints were used, Iran’s nuclear program would be delayed. The blueprints were given to the Iranians by a Russian scientist who lived in the United States, and Sterling was his CIA handler. The CIA has said the program worked well, but Sterling told the committee staffers it was botched and that the Iranians learned the blueprints were flawed; the Iranians might have gained nuclear insights from the accurate parts.	Also in 2003, Sterling met staffers from the Senate Select Committee on Intelligence to let them know his concerns about the mismanagement of a classified program he worked on at the agency. Merlin, as the program was called, involved the CIA giving Iran faulty nuclear blueprints. If the blueprints were used, Iran’s nuclear program would be delayed. The blueprints were given to the Iranians by a Russian scientist who lived in the United States, and Sterling was his CIA handler. The CIA has said the program worked well, but Sterling told the committee staffers it was botched and that the Iranians learned the blueprints were flawed; the Iranians might have gained nuclear insights from the accurate parts.