Prosecutors drop AIPAC spying charges - judge had permitted secrets, Bush advisors' testimony
My td;dr take: Though the article takes pains to say the decision to drop the charges was handled at a low level -- not by the White House -- the Obama administration has followed two paths so far: 1) Let the Bush Administration skate on war and other crimes; 2) Don't piss off Israel.
So, same shit, different day. Israel can spy in the US with impunity.
U.S. to Drop Spy Case Against Pro-Israel Lobbyists - NYTimes.com
Mr. Rosen and Mr. Weissman, who were lobbyists with the American Israel Public Affairs Committee, a leading pro-Israel lobby, were charged with violating the World War I-era Espionage Act. ...
Judge T.S. Ellis 3d, who was to preside over the trial rejected several government efforts to conceal classified information if the case went to trial. Moreover, he ruled that the government could only prevail if it met a high standard; he said prosecutors would have to demonstrate that Mr. Rosen and Mr. Weissman knew that their distribution of the information would harm U.S. national security.
Over government objections, Judge Ellis said that the defense could call as witnesses several senior Bush administration foreign policy officials to demonstrate that what occurred was part of the ongoing process of information trading and did not involve anything nefarious. The defense lawyers were to call as witnesses Condoleezza Rice, the former secretary of state, Stephen J. Hadley, the former national security advisers and several others. Government policymakers indicated they were clearly uncomfortable with senior officials testifying in open court over policy deliberations.
The government’s motion to dismiss filed before Judge Ellis cited some of these reasons. The motion, filed by the acting prosecutor in Alexandria, Va. and not by any senior Obama Justice Department official, said that before proceeding with the case the government was obliged to consider “the likelihood that classified information will be revealed at trial, any damage to the national security that might result from a disclosure of classified information and the likelihood the government would prevail at trial.”
Noting that the prosecutors disagreed with some of Judge Ellis’s ruling, the motion said that, “the landscape of this case has changed significantly since it was first brought.”