United States v. Sterling

Defendant, a former CIA agent, appealed his convictions for unauthorized disclosure of national defense information, unlawful retention and disclosure of classified information, attempted unauthorized disclosure of classified information, unauthorized conveyance of government property, and obstruction of justice. The Fourth Circuit held that the government failed to prove proper venue for defendant's offense of unauthorized disclosure to a reporter of a letter relating to a classified program. In regard to the other charged crimes, the court held that there was sufficient evidence in the record to support the jury's findings that defendant more likely than not committed the essential conduct of these offenses; there was sufficient evidence for the jury to conclude beyond a reasonable doubt that defendant obstructed justice by trying to conceal an email from a grand jury investigation; and the district court did not commit reversible error when instructing the jury on venue, nor did it abuse its discretion when it allowed the government to introduce evidence that defendant kept classified documents in his home. Accordingly, the court vacated the conviction for unauthorized disclosure of the program letter, but otherwise affirmed the judgment. View "United States v. Sterling" on Justia Law