UNITED 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 ?