AO 91 (Rev.

08/09) Criminal Complaint

UNITED STATES DISTRICT
for the
'
J.
;
Eastern District of Virginia
23 2012
United States of America
v.
John Kiriakou
Defendant(s)
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) Case No.1 :12MJ33
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CRIMINAL COMPLAINT
I, the complainant in this case, state that the following is true to the best of my knowledge and belief.
On or about the date(s) of 2008 through 2009 in the county of Arlington in the
Eastern District of Virginia , the defendant(s) violated:
Code Section
See Attachment A. See Attachment A.
This criminal complaint is based on these facts:
See Affidavit in Support of Criminal Complaint and Arrest Warrant.
li1 Continued on the attached sheet.
Reviewed by AUSA/SAUSA:
lusaOwings, AUSA
Sworn to before me and signed in my presence.
Date: .,, 20\L
l
City and state: aa.'U1Vfbl, \S\ V\t2.SlN\fk
Offense Description
............ -.. c--
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... /',:--.
..;;('Special Agent Joseph Capitano, FBI
Printed name and title

a
Judge's signature
Honorable John F. Anderson
Printed name and title
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... .(1!1f\.A TES
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EABTE-ltN DISTRICT OF VIRGINIA . .
ALFIXANDRIA DM$IQN .
UNITED OF AMERICA
. v.

I, the; undersigD.ed complainant, being duly sworn on oath, st.ate that the
following is !#rue and to the best of my knowledge and belief:
QOuNTONE
At times in
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2008 and 2009, in the Eastern District of Virginia, Alexandria Division,
and JOHN KIRIAKOU; defendant herein,
learned the identity of .a covert agent as a result of having access to
classW:ed information,. in,.tentionally disclosed information identifying such
agent to an .indiVidual not authorized to receive classified :Uiformation,
kno.g that the information disclosed so identified such- covert. agent and
that i-f;he United States government was taking affirmative measures to
such covert agent's intelligence relationship to the United States, in
that :!ilefendant JOHN KIRIAKOU en;tailed the name of Covert Officer A to
:
in violation!ofTitle 50, States Code, Section42l(b); and
COUNT TWO
pwor to June 22, 2008, in the Eastern District Virginia, Alexandria
D1V181on, ai!Ikl elsewhere, JOHN KIRIAKOU, defendant herem,
law$y having had access to and beem entrusted with information relating to.
the *!ational defense, namely, the association of Officer B with the Central
Agency's Rendition, Detention, and Interrogation ProgTam C'RDI
and with an operation to locate and capture Abu Zubaydah, which
defendant had reason to believe could be used to the injury of
the United States and to the advantage of any foreign nation, w:illfully
and transmitted the same to Journalist B, a person not
to receive it;
a I
);
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in violation qfTitle 18, United States Code, Sections 793(d); and
COUNT THREE
At times in :rt-ray and November 2008, in the Eastern District of Virginia, Alexandria
Division, elsewhere, JOHN KIRIAKOU, defendant herein,
lawfu$,y having had access to and been entru,sted with information relating to
the defense, namely, the association of Officer B with the Central
Intelljijgence Agency's RDI Program, which information the defendant had
reasop. to believe. could be used to the injury of the United States and to the
of any foreign nation, willfully communicated and transmitted the
samejto Journalist A, a person not entitled to receive it;
in violation Title 18, United States Code, Sections 793(d); and
COUNT FOUR
On or about:July 28, 2008, in the Eastern District of Virginia, Alexandria Division,
and JOHN KIRIAKOU, defendant herein,
1:
in a xJiatter within the jurisdiction of tlie executive branch of the Government
of United States, namely, the Publications Review Board of the Central
IntelUgence Agency, willfully concealed and covered up by trick and scheme a
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matefiial fact, namely, that, in connectjon with a manuscript he was seeking
to p"t:fplish, the defendant was aware that the Central Intelligence Agency
used:lh particular classified technique in an operation to locate and capture
.. I
Abu despite representing falsely to the Publications Review Board
that technique was fictitious;
:!
in violationi,pf Title 18, United States Code, Section 100l(a)(1).
IN THE UNITED .STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DMSION
UNITED STATES OF AMERICA
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I. -
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JAN 2 3 ?.01?
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CRIMINAL NO: I: 12MJ33
- v.-
JOHN KIRIAKOU,
Defendant.
AFFillA VIT IN SUPPORT OF CRIMINAL COMPLAINT AND ARREST
WARRANT
I, Joseph Capitano, being duly sworn, depose and state the following:
1. I am a Special Agent with the Federal Bureau of Investigation ("FBI")
and have been employed with the FBI since approximately 2004. I iun currently
assigned to. a squad at the Washington, DC Field Office that handles national
security cases. During my tenure with the FBI, I have handled federal criminal
investigations and the execution of numerous arrest warrants.
2. This affidavit is submitted in support of a criminal complaint alleging
that JOHN KIRIAKOU has committed violations of Title 18, United States Code,
Sections 793(d) and lOOl(a)(l), and Title 50, United States Code, Section 421(b).
Because thls affidavit is being submitted for the limited purpose of establishing
probable cause for the accompanying complaint, I have not included each and every
fact known to me concerning this investigation.
1
3. This affidavit is based on my personal knowledge; information
provided to me by other law enforcement agents and other government personnel;
and my review of documents and other materials.
Background
The Matter Under Investigation
4. On or about January 19, 2009, defense counsel for certain high value
detainees held at the United States military detention facility at Guantanamo Bay,
Cuba, filed a motion with the military commission then responsible for adjudicating
charges brought against the detainees, seeking permission to obtain information
that counsel contended was necessary to further the defense of the detainees. In
support of this motion, defense counsel filed a classified document under seal (the
"classified defense filing"), which named or otherwise identified multiple persons
whom defense counsel believed to be United States government personnel involved
in classified activities relevant to the legal defense of the detainees. The classified
defense filing contained both accurate and inaccurate information relating to the
identitY and affiliation of the individuals described in the document, as well as to
activities in which they participated. Certain of the accurate information contained
in the classified defense filing included the names and affiliation of covert United
States government personnel, as well as information about persons whose affiliation
with the United States government was not classified but whose participation ip.
certain activities was classified.
2
5. Based on consultation with the Department of Defense and a review of
discovery provided to defense counsel prior to January 19, 2009, there had been no
authorized disclosure to defense counsel of the classified information that was
contained in the classified defense filing relating to the identities and activities of
covert government personnel.
6. In spring 2009, 32 pages of photographs were discovered in the
possesswn of certain high value detainees held at the United States military
detention facility at Guantanamo Bay, Cuba. Among these photographs were
photographs of certain personnel of the Central Intelligence Agency ("CIA'') and the
FBI and federal government contractors.
The Initiation of the Investigation and Appointment of Special Attorneys
7: After reviewing the January 2009 classified defense filing (and prior to
the discovery of the photographs), the CIA filed. a crimes report on March 19, 2009,
with the Department of Justice. The National Security Division of the Department
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of Justice, working with the FBI, commenced an investigation.
8. By letter dated March 8, 2010, Patrick J. Fitzgerald, the United States
Attorney for the Northern District of Illinois, was appointed Special Attorney to
supervise the investigation pursuant to Title 28, United States Code, Section 515,
subject to the supervision of the Deputy Attorney General.
9. The March 8, 2010 letter, as supplemented and amended on July 14,
2010 and clarified by letter dated May 27, 2011, delegates authority to conduct an
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investigation and any related prosecutions in connection with any matter arising
out of the Department of Defense seizures of certain photographs from Guantanamo
Bay detainees.
The Conduct of the Investigation
10. The investigation focused initially on the circumstances surrounding
the inclusion in the classified defense filing of information concerning covert
government personnel, and the possession of photographs of government personnel
by detainees. After independently examining the facts and circumstances
surrounding the filing of the classified document in January 2009 and the recovery
of the photographs in spring 2009 -- a process that included obtaining information
from the defense team and interviewing the defense investigator under procedures
designed to avoid infringement of the detainees' ability to consult with counsel and
the attorney-client privilege -- the investigative team concluded that no laws were
broken by the defense team. In particular, no law prohibited defense counsel from
filing a classified document under seal outlining for a court classified information
they had learned during the course of their investigation. With respect to the
photographs taken or obtained by the defense team in the course of their
investigation and provided to detainees, the investigative team found no evidence
the defense attorneys transmitting the photographs were aware of, much less
disclosed, the identities of the persons depicted in particular photographs or
otherwise disclosed any classified matters associated with certain of those
individuals to the detainees. Rather, the investigative team learned from the
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defense investigator that defense counsel, using a technique commonly known as a
double-blind photo lineup,l provided the photographs (which included photographs
of non-pertinent people not affiliated with the government) to their clients to
determine whether they recognized persons who may have participated in the
questioning of them. No law or military commission order expressly prohibited
defense counsel from providing their clients with the photographic spreads in
question under these circumstances. However, the fact that a defense investigator
had learned the classified information, including the information necessary to take
and/or assemble these photographs, suggested that the information may have been
either deliberately or inadvertently disclosed, without authorization, in a manner
that ultimately resulted in the defense team's possession of the classified
information.
11. Although the investigative team determined that members of the
defense team did not break any laws in connection with their handling of the
classified information they possessed relating to government personnel, the
question remained whether government officials illegally disclosed the classified
information that the defense team possessed. Further investigation led to the
discovery that a former CIA employee, defendant JOHN KIRIAKOU, repeatedly
made unauthorized and illegal disclosures of classified information to persons,
1
Photographs in a "double-blind" photo lineup are not accompanied by any
additional identifying information (such as names) so that both (1) the individuals
who are shown the photographs and (2) the person(s) presenting the photographs
are unaware of the identities of the persons depicted.
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including reporters, not authorized to receive classified information, including
information identifying a covert CIA employee and disclosing the participation of
certain other CIA employees in classified activities. The investigation 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 classified defense filing and enabled
the defense team to take or obtain surveillance photographs of government
personnel. 2
12. In particular, and as set forth in more detail below, the investigation
revealed that:
a. KIRIAKOU disclosed to a journalist the name of a covert CIA
employee ("Covert Officer A") and the fact that this covert employee was involved in
a particular Classified operation. The journalist then provided the defense
investigator with the name of the covert CIA employee.
b. KIRIAKOU disclosed or confirmed to three different journalists
the then-classified information that another CIA employee ("Officer B") participated
in an operation to capture and question terrorism subject Abu Zubaydah, and
2 The investigative team learned from the defense investigator that the
defense team did not photograph any persons whose association with the
government was not public unless the defense team believed that the person was
physically present for the questioning of a high value detainee and was not covert at
the time of the defense investigation. Thus, for a number of the persons named in
the classified defense filing whose association with the government was classified,
no photographs were taken.
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provided two of those journalists with cmitact information for Officer B. One of the
journalists to whom KIRIAKOU provided information linking Officer B to the Abu
Zubaydah operation, including a personal email address for Officer B, subsequently
provided the defense investigator with Officer B's home telephone numper, which
the investigator used to identify and photograph Officer B.
c. KIRIAKOU lied to the CIA regarding the existence and use of a
classified technique in an unsuccessful effort to trick the CIA into allowing him to
publish information regarding the classified technique in a book.
JOHN KIRIAKOU
13. At times material to the allegations contained in this Complaint:
a. JOHN C. KIRIAKOU, the defendant, a United States citizen,
resided in Arlington, Virginia.
b. From in or about 1990 through in or about 2004, KIRIAKOU
was employed as an intelligence officer with the CIA. During his employment with
the CIA, KIRIAKOU served at CIA Headquarters in Langley, Virginia, and in
various classified overseas assignments.
c. In his capacity as an intelligence officer at the CIA, KIRIAKOU
received security clearances enabling him to access classified information, as
defined by Executive Order 12356, as superseded by Executive Order 12958 and
amended by Executive Order 13292 (the "Order"). a
s The Order mandates that information requiring protection for national
security reasons be classified at one of three levels: "Top Secret," "Secret," or
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Non-Disclosure Agreements
14. As described further below, on multiple occasions, KIRIAKOU
executed agreements with the United States government not to disclose classified
information to unauthorized persons.
15. On or about January 10, 1990, in connection with the beginning of his
employment, KIRIAKOU executed the following two agreements:
a. KIRIAKOU signed a Secrecy Agreement with the CIA, in which
he agreed as follows:
1. I ... hereby agree to accept as a prior condition of my
being employed by, or otherwise retained to perform
services for, the Central Intelligence Agency . . . the
obligations contained in this agreement.
2. I understand that in the course of my employment ... I
may be given access to information or material that is
classified or is in the process of a classification
determination ... that, if disclosed in an unauthorized
manner would jeopardize intelligence activities of the
United States Government. I accept that by being
granted access to such information or material I will be
placed in a position of special confidence and trust and
become obligated to protect the information and/or
material from unauthorized disclosure.
"Confidential." The designation "Top Secret" applies to information, the
unauthorized disclosure of which reasonably could be expected to cause
exceptionally grave ,damage to national security. The designation "Secret" applies
to information, the unauthorized disclosure of which reasonably could be expected
to cause serious damage to national security. The designation "Confidential"
applies to information, the unauthorized disclosure of which could be expected to
cause damage to national security. Finally, the Order provides that access to
classified information at any level may be further restricted through
compartmentation in "Sensitive Compartmented Information" ("SCI") catego:des.
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3. In consideration for being employed or otherwise
retained to provide services to the Central Intelligence
Agency, I hereby agree that I will never disclose in any
form or any matter, to any person not authorized by the
Central Intelligence Agency to receive it, any information
or material ... that I know is classified ... or is in the
process of a classification determination.
11. I understand that ... the disclosure of information
that I agreed herein not to disclose can, m some
circumstances, constitute a criminal offense.
15. I understand that nothing in this agreement limits or
otherwise affects any provision of criminal or other law
that may be applicable to the authorized disclosure of
classified information, including ... sectionO 793 ... of
Title 18, United States Code ....
b. At the same time, KIRIAKOU executed a Non-Disclosure
Agreement in order to have access to certain SCI. KIRIAKOU agreed as follows:
Intending to be legally bound, I hereby accept the
obligation contained in this Agreement in consideration of
my being granted access within Special Access Programs,
hereinafter referred to in this Agreement as Sensitive
Compartmented Information (SCI). I have been advised
that SCI involves or derives from intelligence sources or
methods and is classified . . . . I understand and accept
that by being granted access to SCI, special confidence
and trust shall be placed in me by the United States
Government.
I hereby acknowledge that I have received a security
indoctrination concerning the nature and protection of
SCI, including the procedures to be followed in
ascertaining whether other persons to whom I
contemplate disclosing this information have been
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approved for access to it, and that I understand those
procedures .....
I have been advised that unauthorized disclosure,
unauthorized retention, or negligent handling of classified
information by me could cause irreparable injury to the
United States or could be used to advantage by a foreign
nation. I hereby agree that I will never divulge anything
marked as SCI or that I know to be SCI to anyone who is
not authorized to receive it without prior written
authorization from the United States Government
Department or agency ... that last authorized my access
to SCI. I understand that it is my responsibility to
consult with appropriate management authorities in [the
agency] that last authorized my access to SCI, whether or
not I am still employed by or associated with [the agency]
In addition, I have been advised and am aware that any
unauthorized disclosure of SCI by me may constitute a
violation or violations of United States criminal laws,
including the provisions of .... SectionO 793 ... [of] Title
18, United States Code ....
16. Subsequently, KIRIAKOU signed not fewer than seven additional Non-
Disclosure Agreements in order to access additional SCI, including the
compartments covering certain classified information described in this Complaint.
In each of these agreements, KIRIAK.OU agreed never to disclose SCI to anyone not
authorized to receive it without prior written authorization from the United States
government.
Unauthorized Disclosures Relating to Covert Officer A
17. Covert Officer A is currently a covert CIA employee whose relationship
to the CIA has been classified for more than two decades. As set forth below, based
on emails recovered from search warrants served on two email accounts associated
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with KIRIAKOU, KIRIAKOU disclosed Covert Officer A's identity and certain
classified information concerning his intelligence activities to Journalist A.
Journalist A was not a person authorized by the United States government to
receive classified information.
18. On July 11, 2008, KIRIAKOU exchanged a ser1es of email
communications with Journalist A.4 Journalist A emailed KIRIAKOU to ask, "Can
you remember the name(s) of any of the [specific CIA office] branch chiefs?"
KIRIAKOU replied, "Sorry, [first name of Journalist A]. I never met any of those
guys. And we never, ever dealt with them in [overseas city]." Journalist A
responded twice to the same email. First, Journalist A replied, "Presumably, [first
name of Covert Officer A]." KIRIAKOU then confirmed that "[h]e had been my
branch chief in [specific office,] [b]ut he's the only one I ever came into contact
with." Second, Journalist A asked, "Presumably [first name of Covert Officer A]
worked in that group though, right?" KIRIAKOU replied separately to this email,
stating, "I assume he did. And actually, I'm not sure he was th:e chief of it. He was
the team leader on [specific operation], though."
19. In the afternoon of August 18, 2008, Journalist A emailed KIRIAKOU,
asking him to "pick out [first name of Covert Officer A]'s last name" from a list of
names that Journalist A provided in the email. In the same email, Journalist A
4
Emails quoted below are verbatim insofar as possible and preserve the
original language and style, including errors. Redactions are noted in brackets and
described based on context and the affiant's training, experience, and knowledge of
the investigation as a whole. The quotations are excerpts only and do not
necessarily include the entire email or entire email chain.
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stated, "I'm not sure he's still in [particular .country], but maybe's he's on this list
I've pulled." The following morning, at 9:23 am, KIRIAKOU wrote b ~ c k , stating,
"[first and last name of Covert Officer A]. It came to me last night." The last name
of Covert Officer A had not been on the list provided by Journalist A.
20. At 11:31 a.m. on August 19, 2008, approximately two hours after
KIRIAKOU disclosed Covert Officer A's last name to Journalist A, Journalist A sent
an email to the defense investigator referenced above that contained Covert Officer
A's full name in the subject line. The email further stated: "His name is [first and
last name of Covert Officer A]." At 1:35 p.m., Journalist A sent a final email to the
defense investigator in which he stated: "my guy came through with his memory."
Neither Journalist A nor any other journalist to my knowledge has published the
name of Covert Officer A.
21. At the time of the unauthorized disclosure, the identification of Covert
Officer A as "the team leader on [specific operation]" was classified at the Top
Secret/SCI level because it revealed both Covert Officer A's identity and his
association with the CIA's Rendition, Detention, and Interrogation Program (the
"RDI Program"), relating to the capture, detention, and questioning of terrorism
subjects. This information had been closely held by the United States government.
22. Before Journalist A provided the defense investigator with Covert
Officer A's name, the defense investigator had been attempting to identify Covert
Officer A for some time but had been unable to do so. It was only after receiving
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Covert Officer A's name from Journalist A that the defense investigator was able to
identify Covert Officer A.
23. Both Covert Officer A's name and association with the RDI Program
were included in the January 2009 classified defense filing. The defense
investigator has advised the government that he understood from the circumstances
that Covert Officer A was a covert employee and, accordingly, did not take his
photograph. No photograph of Covert Officer A was recovered at Guantanamo.
24. On AprilS, 2009, KIRIAKOU again exchanged email communications
with Journalist A concerning Covert Officer A. Specifically, at 2:14p.m., Journalist
A emailed KIRIAKOU and asked, "Ever know a [nam'e] in [specific CIA office]?" At
3:09 p.m., KIRIAKOU responded to Journalist A and stated, "Sorry, [first name of
Journalist A]. I didn't know the [specific office] people by name except for [first
name of Covert Officer A]." At the time of this additional disclosure, the association
of Covert Officer A with the specific office remained classified at the Top Secret/SCI
level because, as described above, it revealed both Covert Officer A's identity and
his association with the RDI Program.
Unauthorized Disclosures Relating to Officer B
25. At times material to this Complaint:
a. Officer B was employed at the CIA as an analyst assigned to its
CounterTerrorism Center.
b. In or about March 2002, Officer B worked overseas with
KIRIAKOU on an operation to locate and capture Abu Zubaydah, a terrorism
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subject then sought by the United States government ( ~ h e "Abu Zubaydah
operation"). The participation of Officer B in the operation was classified.
26. According to a CIA classification review officer, both Officer B's
association with the RDI program, and the Abu Zubaydah operation in particular,
were classified until that information recently was declassified in order to allow this
prosecution to gq forward.
27. As described in further detail below, based on information I have
obtained from other individuals involved in this investigation, I have learned that
KIRIAKOU disclosed classified information regarding Officer B, a former employee
of the CIA with whom KIRIAKOU had worked at the CIA, to individuals who were
not authorized by the United States government to receive the classified
information. Specifically, and as more fully described below, based on emails
recovered from search warrants served on two email accounts associated with
KIRIAKOU, I have learned that KIRIAKOU disclosed or confirmed to at least three
journalists classified information regarding Officer B. In two instances, these
disclosures took the form of confirming for journalists that a specific individual with
Officer B's name was the individual who participated in certain clandestine activity,
namely the Abu Zubaydah operation, including by providing contact information for
that individual; in the third instance, KIRIAKOU appears to have described to a
journalist Officer B's classified role in the Abu Zubaydah operation.
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Disclosures About Officer B to Journalist B
28. On June 22, 2008, The New York Times published an a:rt;icle by one of
its own reporters ("Journalist B") entitled "Inside the Interrogation of a 9/11
Mastermind" (the "Article"), which publicly named and identified Officer B and
reported about Officer B's alleged. role in the capture and questioning of Abu
Zubaydah. The fact that Officer B participated in the capture and questioning of
Abu Zubaydah was then classified. The Article stated that "colleagues" had
described Officer B's role, that Officer B had declined to be interviewed, and that
the CIA Director and an attorney for Officer B had requested that Officer B not be
named. The article attributed other information to KIRIAKOU as a source, but did
not' identify the source(s) ~ h o disclosed or confirmed Officer B's identity.
29. As discussed further below, there is probable cause that, at various
times prior to June 22, 2008, KIRIAKOU provided Journalist B with personal
information regarding Officer B knowing that Journalist B was seeking to identify
and locate Officer Bin light of Officer B's role in the Abu Zubaydah operation. In
doing so, KIRIAKOU confirmed that Officer B was involved in the Abu Zubaydah
operation and therefore disclosed classified information. Journalist B was not a
person authorized by the United States government to receive classified
information.
30. For example, prwr to the publication of the Article, KIRIAKOU
emailed Officer B's phone number and email address to Journalist B. In an email
dated April21, 2008, Journalist B informed KIRIAKOU that he
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[d]rove around Va
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yesterday in the rain and stopped by [first name of Officer B]'s house. I couldn't
figure it out -- two big dogs in the house, but no one around and a newspaper dated
April 9 in front of the door. Also, the cell number on his [business] card seems not
to work. Any further suggestions on how to find him most welcome . . . . " In an
email serit later the same day, KIRIAKOU replied:
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As for [first name of Officer B],
I don't know what to make of it. The numbers I have are [phone number] (home)
and [phone number] (cell). Is that what I gave you from the business card? His
email is [Officer B's personal email address]. It's very odd that the dogs were
barking and that old paper was out .... Please let me know if I can be of any further
help." The contact information was accurate, and in one or more interviews
conducted by agents, Officer B recalled Journalist B attempting to reach him.
31. Based on interviews of Office.r B by other agents, I have also learned
that, prior to the publication of the Article, Journalist B attempted to contact
Officer B in person, by phone, and by email, among other means:
a. Journalist B had visited Officer B's home on a Sunday,
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leaving
notes under his door and in his mailbox and parking outside his house for almost
four hours.
b. On or about May 8, 2008, an individual identifying himself as
Journalist B called Officer B's home and spoke with his wife.
5 As noted in Journalist B's email to KIRIAKOU, dated April 21, 2008, and
described in paragraph 30 above, Journalist B had visited Officer B's home the day
before the email was sent. April20, 2008 was a Sunday.
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c. On or about April 11, 2008, and May 8, 2008, Journalist B
emailed Officer B at his personal email address. Officer B had provided his
personal email address to KIRIAKOU, but not to Journalist B or any other
journalist.
d. At varwus times pnor to the publication of the Article,
Journalist B also contacted Officer B's mother, sister, and a high school friend.
32. Subsequently, KIRIAKOU also confirmed for Journalist B that an
individual with Officer B's name who was associated with particular contact
information that Journalist B had found on a website was located in Pakistan in
March 2002, which were the country and the month, respectively, in which the Abu
Zubaydah operation took place. In an email dated May 29, 2008, Journalist B
provided KIRIAKOU with contact information for Officer B, who was listed on the
website fi:S "[first and last name of Officer B]," and also included the web link to the
information. The information reflected that "3/9/02" was when the website received
the information, i.e., the "Date Received." KIRIAKOU replied, "What an odd link
this is! He was DEFINITELY in Pakistan when he did this."
6
This communication
establishes probable cause that KIRIAKOU confirmed for Journalist B that the
individual whom Journalist B sought to identify was the same individual who had
worked in Pakistan when the Abu Zubaydah operation took place. In doing so,
6 Although the website reflects that the information was received on March 9,
2002, Officer B stated that no entry was made from overseas at that time. It is
unknown whether the date reflects an actual entry or, for example, an automatic
update on the website.
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KIRIAKOU also confirmed for Journalist B that Officer B was associated with the
Abu Zubaydah operation, thereby revealing classified information.
33. After the publication of the Article, KIRIAKOU sent several emails
denying that he was the source for information in the Article regarding Officer B,
while, at the same time, lying about the number and nature of his contacts with
Journalist B. For example, in an email dated June 30, 2008, KIRIAKOU stated to
Officer B:
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I had a conversation over the weekend with the ombudsman at the New
York Times regarding the article about you in last week's paper .... I told the
ombudsman that I thought the use of your mime in the article was despicable and
unnecessary, and that I thought it could put you in personal danger .... I also
wanted to let you know . . . that I did not cooperate with the article. My only
contact with the author was three days before the article was published. He called
me and asked if we could talk. I declined. He then asked if I thought he should
mention you by name. I said absolutely not. He countered with the fact that you
have not been under cover. I said that made no difference; and that while it might
not be illegal to name you, it would certainly be immoral." However, as reflected in
the emails described above, KIRIAKOU was in contact with Journalist B by email
on a number of occasions and provided Journalist B with information about Officer
B.
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Disclosures About Officer B to Journalist A
34. From at least in or about November 2007 through 1n or about
November 2008, KIRIAKOU provided Journalist A with Officer B's personal contact
information and disclosed to Journalist A classified information revealing Officer
B's association with the RDI Program.
35. In an email dated November 12, 2007, KIRIAKOU provided Journalist
A with Officer B's personal email address. Subsequently, and on at least two
occasions, KIRIAKOU provided information to Journalist A regarding Officer B's
association with the RDI program:
a. First, in an email dated May 17, 2008, Journalist A asked
KIRIAKOU: "In [Country X] and then in [Country Y], was [first name of Officer B
with two letters transposed] trained to do the techniques, or was he just asking. the
questions as the heavies were doing the various techniques," referring to enhanced
interrogation techniques. In an email dated May 20, 2008, KIRIAKOU responded
to Journalist A and disclosed Officer B's classified association with the RDI
Program, noting: "[First name of Officer B] was not trained in the enhanced
techniques. He was simply there to ask the questions that the analysts had posed."
b. Subsequently, in a series of emails beginning November 12,
2008, Journalist A asked KIRIAKOU about classified information regarding the
logistics of travels by participants in the RDI program, including Officer B. For
example, on November 12, 2008, Journalist A asked KIRIAKOU: "[D]id [first name
of Officer B with two letters transposed] ever tell you how he actually got to
19
[Country X] and [Country Z]?" In response, on November 17, 2008, KIRIAKOU
stated, among other things, "Re [first name of Officer B], he did not [travel in a
certain way],'' thereby confirming Officer B's participation in the RDI program.
36. As referenced above at paragraph 10, the investigative team
interviewed an investigator assisting the defense team representing one or more
high value detainees being held at Guantanamo (the "defense investigator"). Based
on that interview, I have learned that Journalist A provided information about
Officer B to the defense investigator. For example, in an email dated April 10,
2008, Journalist A provided the defense investigator with Officer B's home phone
number.7 Before Journalist A provided Officer B's phone number to the defense
investigator, the defense investigator had been unable to accurately identify Officer
B, particularly in light of his common surname. However, after receiving this
information, the defense investigator was able to quickly and accurately identify
Officer B and photograph him.
37. Four photographs of Officer B were included 1n the packet of
photographs recovered at Guantanamo.
7 Although the emails between KIRIAKOU and Journalist A do not reflect
that KIRIAKOU provided Journalist A with Officer B's home telephone number, the
email traffic between KIRIAKOU and Journalist' A reflects that KIRIAKOU
provided Journalist A with other information about Officer Band his activities with
the CIA. In addition, the home telephone number for Officer B that Journalist A
provided to the defense investigator was the same home phone number that
KIRIAKOU provided to Journalist B, as set forth in paragraph 30 above.
20
38. Both Officer B's name and his association with the RDI Program were
included in the January 2009 classified defense filing.
Disclosures About Officer B to Journalist C
39. At some time prior to May 22, 2007, KIRIAKOU disclosed to Journalist
C classified information regarding the association of Officer B with the Abu
Zubaydah operation. It appears that KIRIAKOU and Journalist C collaborated on a
preliminary book proposal. 8 This is reflected in an email dated May 22, 2007 from
Journalist C to KIRIAKOU, attached to which was a book proposal that included
information apparently provided originally by KIRIAKOU to Journalist C,
regarding the role of KIRIAKOU in the capture of Abu Zubaydah: The book
proposal also referenced Officer B by name and described purported actions that
Officer B took in Pakistan with respect to the Abu Zubaydah operation. While
aspects of the book proposal's description of Officer B's role in the operation may
have been fictionalized, the. information nevertheless disclosed classified
information by specifically linking Officer B to the Abu Zubaydah operation.
40. Journalist' C. was not a person authorized by the United States
government to receive classified information.
False Statement to the CIA
41. As described furt;h,er below, the investigation also has revealed that
KIRIAKOU lied to the CIA regarding a classified investigative technique (the
8 Journalist C is not the coauthor of the book KIRIAKOU eventually
published that is referenced in paragraph 42 below.
21
"technique") in an attempt to trick the CIA into allowing him to publish information
regarding the technique in a book.
42. KIRIAKOU authored a book, The Reluctant Spy: My Secret Life in the
CIA's War on Terror, by John Kiriakou with a coauthor, which Random House
published in approximately 2009 (the "book").9 The book purports to describe
KIRIAKOU'S work on behalf of the CIA. Prior to the publication of the book,
KIRIAKOU submitted multiple draft manuscripts of the book to the CIA's
Publication Review Board ("PRB"),lD which reviewed the draft manuscripts for
classified information.
43. As reflected in a transcript of a recorded interview conducted in or
about August 2007 to assist KIRIAKOU's coauthor in drafting the book, KIRIAKOU
described to his coauthor the technique, which KIRIAKOU referred to as the "magic
box," and his coauthor that the CIA had used the technique in the Abu
Zubaydah operation.u
9 Based on our investigation, I believe KIRIAKOU's coauthor currently is a
freelance book writer, whom KIRIAKOU hired to assist KIRIAKOU with drafting
and editing the book.
1o The PRB is a CIA office responsible for conducting classification review of
materials that CIA employees and former employees prepare for publication or
other use in the public domain. PRB clearance is required prior to the publication or
other public use of such materials.
11
The transcript was sent by email from the coauthor to KIRIAKOU, and
was obtained by the government as a result of the search of one of KIRIAKOU's
email accounts.
22
44. Subsequently, in the Article published in The New York Times on June
22, 2008, referenced above, the technique was disclosed and referred to as a "magic
box."
45. In an email dated June 30, 2008, KIRIAKOU again described the
technique to his coauthor and stated that he thought "at the time [using the
technique] was a great idea, conceptually."
46. A few days later, in an email dated July 2, 2008, KIRIAKOU's
coauthor informed KIRIAKOU, among other things, that he had "just finished
6,000-plus words over two chapters on the Abu Zubaydah episode, I'm wondering
how much of this PRB will let us publish." A few hours later, KIRIAKOU
responded to his coauthor, stating, among other things, that "I'm guessing they'll let
us publish a good chunk of the Abu Zubaydah story. They objected to some of the
details of the planning for the capture, but what I propose doing is telling them that
we've fictionalized much of it (even if we haven't.)."
47. Approximately one month later, by letter dated July 28, 2008 (the
"Letter"), KIRIAKOU submitted a draft manuscript of the book to the PRB (the
"Draft Manuscript"). (The Letter and Draft Manuscript comprise the first
submission made to the PRB since the email exchange between KIRIAKOU and his
coauthor on July 2, 2008, described in paragraph 46 above.) In the Letter,
KIRIAKOU sought permission from the PRB to include a description of the
technique in the book by falsely claiming that the technique was fictional and that
he had never heard of it before. Specifically, KIRIAKOU stated: "There is a
23
reference early in this chapter to a device called a 'magic box.' I read about this so-
called device in a New York Times article. The information in that article was
clearly fabricated, as we used no such device. I am unaware of any [such] device ...
As it is fictionalized, I believe it is unclassified." The Draft Manuscript described
the use of the technique in the Abu Zubaydah operation.
48. On August 17, 2008, KIRIAKOU sent to his coauthor a copy of the
Letter, along with the Draft Manuscript, by attaching them to an email and, in the
text of the email, admitted to his coauthor that KIRIAKOU had lied to the PRB in
an attempt to include classified information in the book:
Here you go, [first name of coauthor]. I laid it on thick.
And I said some things were fictionalized when in fact
they weren't. There's no way they're going to go through.
years of cable traffic to see if it's fictionalized, so we might
get some things through. Enjoy. John.
49. By letter dated October 17, 2008, the PRB informed KIRIAKOU that it
had reviewed the Draft Manuscript and that various pages of the Draft Manuscript,
including the pages regarding the technique, contained classified information and
that therefore KIRIAKOU could not include the information on those pages in the
book.
50. According to a CIA classification reVIew officer, the information
regarding the technique that KIRIAKOU included in the Draft Manuscript was
classified until recently declassified in order to allow this prosecution to go forward.
24
January 19,2012 Interview ofKIRIAKOU
51. On January 19, 2012, KIRIAKOU was interviewed by FBI agents. The
interview was recorded. During the interview, when the agents informed
KIRIAKOU that Covert Officer .A:s name was included in the classified defense
filing, KIRIAKOU stated, among other things, "How the heck did they get him? ...
(
[First name of Covert Officer A] was always undercover. His entire career was
undercover." KIRIAKOU further stated that he (KIRIAKOU) never provided
Covert Officer A's name or any other information about Covert Officer A to any
journalist and stated, "Once they get names, I mean, this is scary."
25
52. When asked whether he considered Officer B's association with the
Abu Zubaydah operation classified, KIRIAKOU stated, "Absolutely, absolutely."
KIRI.AKOU also denied providing any contact information for Officer B or Officer
B's association with the Abu Zubaydah operation to Journalists A and B prior to the
publication of the June 22,:2008 New York cr'imes article. When specifically asked
whether he (KIRIAKOU) had anything to do with providing Officer B's name or
other information about Officer B to JournalistB prior to the Article, KIRIAKOU
stated, "Heavens no."
/
Special Agent
Federal Bureau of Investigation
Sworn and subscribed to before me this 23rd day of January, 2012.
The Honorable John F. Anderson
United States Magistrate Judge
26
. ..........