Posted: 2:26 am EDT
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On November 6, 2014, WaPo reported that Robin Raphel, a retired Foreign Service officer, former ambassador, and most recently, a senior coordinator at the State Department’s Af/Pak shop was under federal investigation as part of a counterintelligence probe. The report cited the FBI’s Washington Field Office as the entity running the investigation (see Former Ambassador and Pakistan Expert Under Federal Investigation as Part of CounterIntel Probe). In late November 2014, we blogged this: Robin Raphel, the Presumption of Innocence and Tin Can Phones for Pak Officials.
The Guardian reported in December 2014 that officials took “the extraordinary step in late October of searching Raphel’s house, finding classified documents that should not have left the State Department.” Raphel’s security clearance had reportedly been revoked and her job at the office of the special representative to Afghanistan and Pakistan terminated.
In January 2015, WaPo also reported that the FBI has been pushing to resolve several high-profile investigations that have lingered for months and in some cases years.
In addition to the case involving Petraeus and Broadwell, the bureau wants the Justice Department to decide whether to pursue charges against veteran State Department diplomat Robin Raphel and retired Marine Gen. James E. “Hoss” Cartwright, who until 2011 was vice chairman of the Joint Chiefs of Staff. Cartwright was the target of a Justice Department investigation into the leak of information about the Stuxnet cyberattack against Iran’s nuclear program. The details of Raphel’s case remain murky, but officials have said classified information was found at her home.
In her only public statement on the matter, Ambassador Raphel has expressed confidence that the affair will soon be resolved, according to the Guardian in December 2014.
In late April 2015, General Petraeus was sentenced to two years probation and a $100,000 fine for sharing classified information with his biographer, Paula Broadwell. To-date, Ambassador Raphel has not been charged. We have been unable to find any new development on this case and that is troubling. It appears that 34 years in government service does not afford one an opportunity to face charges beyond the court of public opinion. It does not even afford one the ability to defend oneself in a court of law. How did we come to this?
We’ve compiled a list of the things we still don’t know:
— According to WaPo, two U.S. officials described the investigation as a counterintelligence matter, which typically involves allegations of spying on behalf of foreign governments. We don’t know who were these officials or their motives for leaking a counter-intel probe to the news media.
— The investigation reportedly was ongoing when the story broke; didn’t the media spotlight jeopardize the investigation?
— Was somebody out to get Robin Raphel? Why?
— Does the classification controversy surrounding the Clinton emails complicate this case? How?
— Who was the Pakistani official in this case? Was he/she aware that USG agents were eavesdropping? If he/she/they were not aware of the eavesdropping before this, didn’t they become aware of it when the story broke? How was the leak helpful in the investigation? Have we kicked out any Pakistani diplomat for his/her alleged role in this case?
— We understand that by the time a case like this goes overt, the government has all the information it needs. It was not apparent if that was the case here. If we presumed that the USG went overt because it had all the evidence, how come there are no charges 10 months on? If they could not sustain the charges, how come she has not been cleared?
— The government not only must charge an individual suspected of a crime, it also must prove, beyond a reasonable doubt, each essential element of the crime charged. That has not happened here. Why?