Steve J. Rosen - Prosecutors Drop Charges

Prosecutors Drop Charges

On May 1, 2009 prosecutors announced they would ask a judge to dismiss the cases against Rosen and Weissman because of "the diminished likelihood the government will prevail at trial under the additional intent requirements imposed by the court and the inevitable disclosure of classified information that would occur at any trial." An appeals court had ruled the defense could use classified information at trial and a lower-court judge had ruled prosecutors had to show that the two men knew that the information they allegedly disclosed would harm the United States, which the Washington Post described as "a high burden for prosecutors." Baruch Weiss, a lawyer for Weissman, said that defense lawyers "were able to put together an array of experts to demonstrate to the government that the information" the men were accused of passing along was "innocuous."

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