Table Of ContentUNITED Stares Districr Court 4
tthe :
Taste Disil of Vinnie p W283 202
[
Unter Seats oF Amerce ) fe q
vetn rae 3 case norman
)
)
anny
(CRIMINAL COMPLAINT
1, the complainant inthis case, sat thatthe el ewing is aac to the hes oF my knayled
ano bout the dats) of 2008 rough 2008 fn the wounty of single inthe
eastern Distt of virgin the defeadann) violated
Cade Section Offence Deserievion
‘See Aianhment A See Atashrent A
‘This oemirl compleint is hased tu those feet:
‘See Affidavit in Suppon of Criminal Complaint and Ares! Warran”
Continued onthe alluched sheet
Revie by AUSASATSA -
[oss cvengs usa
-£ Spucal Ayont S5sGph Captane, FBL
Sion to before me and signed in ny peesence
Due: MAURY Z%, ZOVZ_ 20... —
age gone
cwmone PROxtea, Viasiann ters aren
eons
‘UNITED STATES DISTRICT CLURT.
‘HASGERN DISTRICT OF VIRGINIA
“ALHXANDRIA DIVISION |
UNITED STATES OF AMERTOS ) Attachment A
)
x )
2
JOHN KIRIAKOW 5
I, the! widersigned complainant, being duly aworn on oath, state that the
Sollowing ie frue end correct to tha bost of my knowledge and belief:
“CASE NUMBER; 1:12MJ33
COUNT ONE
At times in 2008 and 2009, in the Beatern District of Virginia, Alsxandria Division,
and elsewhere, JOHN KTRIAKOU, defendant herein,
hayig learned the identity of a covert agent aso result of having access to
clesdified information, intentionally disclosed information identifying such
covert agent jo sm individnal not authorired to receive classified information,
Imowing that the information diaclosed so identified euch. oovert agent and
that the United States government wes taking affirmative mesomes to
conoaal such covert agent’s intelligonce relationship to the United States, in
that defendant JOHN KIRIAKOU cmailed the name of Covert Officer A to
Jourtialist A;
in violation’bé Title 60, United States Code, Section 421(b); and.
COUNT TWO
At times prlor to June 22, 2008, in the Eastern District of Virginio, Alexandria
Division, and elsewhere, JOHN KIRIAZOU, defondant herein.
Iaseifily having had access to snd born axtrusled with information relating to
the iptional detonse, namely, tho association of Oicer B with the Central
Intelligence Agency's Rendition, Doiontion, and Intarrogation Progean RDI
Progam’) and with an operation to looato and oapture Abu Zubaydah, which
inforfuation the defandant had reason to beliove cowld be used to the injury of
the United Stater and to the advantage af any foreign nation, willfally
communicated and transmitted the same ‘to Journalist B, a person not
entitled to receive i;
in violation df Title 18, United States Code, Seutions 793(@); and
COUNT THREE
At times in May and November 2008, in the astern District of Virginia, Alxandria
Division, anfi elsewhere, JOHN KIRIAKOU, defendant herein,
Jawiully having had accoss to and boon entrusted with information relating to
the agtional defense, namely, the uswuciation of Officer B with the Central
Intelligence Ageney’s RDI Program, which information the dafomdant had
roaaoj to believe ovuld he uscd to tho infury of the United States aad te the
adveskiage of any dorefgn natfon, willfully communicated and tranamitted the
same po Journalist A @ person not entitled to recnive it;
in violation éf Title 18, United States Colle, Sections 798(d); and.
COUNT FOUR
On or about; July 28, 2008, in the Bastenn District of Vinginis, Alexandria Division,
and elsewhiko, JOHN KIRIAKOU, defendant herein,
in a sitter within the juriedistion of the exccutive branch of the Government
of the United Stetes, namely, the Publications Review Board of the Central
Intolligence Agency, willfully conoealed and covered wp by trick ond scheme a
material fict, namely, thet, in connection with a manuscript he was veeking
to publish, the defendant was aware that the Ceutral Intelligence Agency
sei t particular classified technique in an operation to locate and eapbara
Abu Bubaydah, dospite reprocanting falsely to the Publications Review Board
that the technique was fictitious:
in violationsbf Title 18, United States Code, Section 1001(aX1).
INTHE UNITED STATES DISTRICT COURT BM 23 mP
FOR THE EASTERN DISTRICT OF VIRGINIA | |
ALBRANDRIA DIVISION
‘UNITED STATES OF AMERICA
CRIMINAL. NO: 1120033
JOHN KIRIAKOU,
Defbadaat,
AFEIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT AND ARREST
WASEANT
1, Joseph Capitano, being duly swora, depose and state the following:
1, Lama Special Agent with the Federal Buroau of Investigation ((FBE)
and have been employed with the FBI sinco approximately 2004,; {am ewrently
astigned to a squad at the Washington, DC Field Offies that handles uxtional
security vases, During my tonure with the FBI, 1 have handled tederal cciminal
investigations and (he @xecutina of numerous arrest warrants.
2, ‘This affidavit is submitted in gupport of a criminal complaint alleging
that JOHN KIRIAKOU has committed violations of Title 18, United States Code,
Soctione T9B(@) und 1001(@)(1), and Title 60, United States Code, Section 4216).
Beoauce this affidavit is being submitted for tha limited. purpose of establishing
probable canse for the scenmparying complaint, I have nul indluded cach and every
Jaol knowa to ae cdncoming thia investigation,
3. ‘This affidavit is based on my penwnst knowledge; information
provided to me by other law enforcement ugents and olber goveenment personnel;
and my review of documents and other materials,
Background
‘The Matrar Under Tovastigntion
4 On or about January 19, 2009, defense counsel for certain high value
detainees held at the United States military detention fasilily at Guantanamo Bay,
Cuba, fled a motion with the military commission then seapandihle for adjudicating
charges brought against the datainess, seeking permiasion Wy obtiin information
hal counsel vontanded was neosssary to further the defimea of the detainces. In
support of this motion, defense counsal filed a classified document under seal (Ihe
“dlassified defenwe fling’), which named or othorwise identified multiple persons
whom defense qunyel beliaved to be United States government personnel involved
in classified activilies relovant to the logo} dofonse of the delainees. The classified
defense filing contained both accurate and indocarate information relating to the
identity and affiliation of the individuals dewibed in the document, as well as to
activitios in which they participated. Certain of the accurate information contained
in the classified defonse filing included the names and affiliation of cavest United
Stacea govarament personnel, a well a1 information abaut persone whose affiliation
with the United Siules govecnment was not classified but whows partivipation in
eortin setivition was dassifiod.
5. Based on omuitation with uh Department of Defense and a review of
discovory provided to defanve counsel prior to Jamuary 19, 2009, there had been no
authorized disclosure to dafonse counsel of the dunt’ informasion Get was
contained in the classified defense filing relating to the identities and activities of
covert government personnel
6 In spring 2008, 82 pages af phatagrapha wera diseovered in tho
possssiion of corinin high value detainees held ut the Uniled States military
dotontion facility at Guastanamo Bay, Cuba. Among these photographs were
‘photographs of certain personnal of the Contral Intelligence Agency CIA") and the
FBI and federal govornmont comractors,
‘The Initiation of the Investigution and Appointment of Special Atierney
7, After reviewing the January 2000 classified defense filing (and prine to
the discovery of the rhotographs), the CIA fled a erimey report om March 19, 2008,
‘with the Department of Justice, ‘The National Securily Division of the Degartmont
of Justice, working with the FBI, commenesd an investigation.
8 By letter dated March 8, 2010, Patrick J. Fitzgerald, the United States
Alorney fur Une Northern Dislrict of Tlinvie, was appointed Special Attorney to
supervise tho investigation purcuant to Title 28, United States Code, Section 515,
subject to the supervision of the Deputy Attorney General.
8 ‘The March 8, 2010 letter, as supplemented and aunended on July 14,
2010 and clued by Inttar dated May 27, 2011, delegates authority to conduct an
a
investigation aud any related prosecubious ia connection with sny matter arising
out of the Department of Definse ecimmos of cortain photogrophs [rom Guantanamo
Bay detainees,
Ue Conduct of the vention
10, The investigation focused initially on the cizeumstances surrounding
the innlusion in Uhe dessifiod defense filing of information concerning covert
government peronaal, and the pousension of photographs of government personel
hy detainees, After independently examining the facts and circumstances
surrounding the filing of the classified document in January 2009 and the recovery
of ths photographs in spring 2008 ~ a process that included obtaining information
from the dlelonse Weam and interviewing Uhe defense investigator under procedures
designed to avoid infringement of the detainees’ whility 1o comet witht counsel and
the attorney-cliant priviloge ~ the investiyalive team couchided that no laws ware
Tbroksn by the defénos team. In partieulns, no law pivbibited defnse counsel from
filing « classified document under seal outlining for a court classified information
they had learned during the cowse of their investigation. With reapect to the
photographs tnken or obteined by the defenee team in the comes of Lheir
investigation and provided to detainess, the investigative team found no ovidence
the defbnse atomeys transmitting the photographs were aware of, much lese
disclosed, tho idontition of the pessoas dapieied in particular photographs or
otherwise disclosed any classified matters asvociated with vertain of those
individuals t the dewsinoes, Rather, the investigative seam learned from the
‘
defense investigator that defense counsel, using a technique commonly known as 8
double-htind photo lineup,1 provided the photographs (which included phowwgruphs
of non-pertinenl people nut affilintad with the government) to their clients to
determine whether they recognized persons who may have participated in the
questioning of then. No law or military commission order expressly prohibited
defouse eounusl from providing their eliaats with the photographic spreads in
‘question under these cirvumsbanoes, However, the fact that a defense inveuligator
‘had learned the clansified infrmotion, including tho information necesswry to tals
and/or aegemble these photographs, suggested that the infurmation may have been
vither deliberalsly or inadvertently disclosed, withowt authoriadtion, in # manner
hat ultimately vorulicd in the defense team's possousion of tho classified
information.
14, Although the invesligulive (asa datormined that members of tha
defense team did rot break any laws in connection with their handling of tha
classified information they poesssead relating to government personael, the
question remained whether government officials illegully disclosed the dlassifiod
information tot ths defonec team possessed. further investigation led to the
discavery that a former CIA employes, dofondant JOHN RIRIAKOU, rapantadly
mada uaeuthorizad ond dllogal disclomnes of classified information to persons,
Photographs in u “double-blinl” phato lineup are not accompanied by any
addivional identifving information (such as names) so thar both (1) the individuals
who are shown the yhobogeapha and (2) the person(s) presenting the photographs
ava unswars of the identities of the pensuns depicted
6
including reporéere, not authorized to receive classified information, including
information identifying x covert CLA employee and disclosing the participation of
certain othor CLA employeas in classified activities. ‘Tha invostigation revealed that
on multiple occasions, one of the reporters to whom KIRIAKOU illegally disclosed
classified information in turn disclosed that information to the defense investigator,
and that such information was reflected in the cluesilied| defenee filing and onablod
the defenae team to take ux obtain aurvniflance photographe of government
personnel*
12. In portioular, and as sot forth in more detail helow. the investigation
revealed that:
a. KIRIAKOV disclosed lo a journalist the name ef a covert CIA
employee CCovort Officer A”) and the fact that this covert employes was involved in
a particular dlassificd operation. ‘Tho journalist then provided tho defense
invostigator with the name of the covert GIA employee
h. -RIRIAKOU disclosed or confirmed ta three different journalists
the then- classified information thul-unother CIA omplayec (Officer B") participaled
in an operation to capture and question torroriem eubject Abu Zubaydah, and
2 Tho investigative teum Jeammed from the defenso investigator thal the
defenus loam did not photograph any persons whee aueociation with the
government wie vot public unless the dafonse team believed that the person was
phyaioally present for the questioning of a high value detainee and was not cover! at
the time of the defense investigation. Thus, for x number of the porsons named in
the classified defensa filing whaee association with the yuvernment wus classified,
‘no photographs wees taken,
provitled bvo of Uhuse jowmatists with voblact inforinalion for OMfiowr B. One of the
journalists to whom RIRIAKOU provided information linking Officer B to the Abu
Zubaydah operation, induding a parsonal email addrose for Officor B, subsequently
provided the dofouse investigator with Offiesr B's homo telephone number, which
the investigator used to Wentify and photograph Officer B.
¢ KIRIAKOU lied in the CLA regarding the existence and use of
assifiod technique in an unsuccessful affort to trick the CIA into allowing him to
publish information regarding the olnssified technique in a hock.
JOHN KIRIAKOU
J. At times material to the allegations contained in this Complaint
a, JOHN C. KIRIAKOL, the dofondant, a United Slates citizen,
resided in Axliugron, Virginia.
}. From in or abons 1990 through ia or shout 2004, KIRTAKOU
‘was employed as an intelligence offcsr with the CLA. During his omployment with
the CIA, RTRIAKOU served at CIA Headquarters in Langley, Virginie, and in
various classified oveesens assignmtonts,
¢. La his enpacity as an intolligence officer at the CLA, KIKTAKOU
received security clearances enabling nim to sccaus clapsified infurmation, ae
dlofivwd by Bxsvutive Order 12856, as superseded by Executive Onter 12858 and
amended by Executive Order 18293 (tha "Ordai")4
3 The Order mandates that information requiring protection for national
security reasons be classified at one of three levels: “Top Secret,” *Soorel,” vr
?
