Skip To Content
JEWISH. INDEPENDENT. NONPROFIT.
Make a matched gift and support Jewish journalism. DONATE NOW
Fast Forward

Prosecution Loses Key Appeal in Case of AIPAC Staffers

An appeals court rejected the prosecution’s bid to overturn tough restrictions on what it must prove in the classified information case against two former AIPAC staffers.

The decision Tuesday by the 4th Circuit Court of Appeals in Richmond, Va., keeps in place orders by the federal judge trying the case. T.S. Ellis III had ruled that the prosecution must prove the information allegedly relayed to journalists, Israeli diplomats and colleagues by AIPAC’s Steve Rosen and Keith Weissman was “closely held” by the United States and potentially damaging to U.S. interests, and was relayed in bad faith.

Observers have predicted that the appeals court decision could lead the Obama administration to reconsider whether to go ahead with the case.

The three-judge appeals court panel called the U.S. government’s effort to overturn Ellis’ decision, handed down in 2006 in an opinion that rejected a defense motion to dismiss, as “improper.” Pretrial prosecution appeals in classified information cases are meant to strictly address questions of which classified evidence is admissible, the appeals court said, calling the attempt to reverse a major decision “piggybacking.”

“This appeal is limited to the evidentiary rulings” in an order Ellis handed down nearly a year ago determining admissible evidence, the appeals court said.

“This is a tremendous victory for the defendants,” said Baruch Weiss, who represents Keith Weissman, the American Israel Public Affairs Committee’s former Iran analyst.

Abbe Lowell, the attorney for Steve Rosen, AIPAC’s former foreign policy chief, said the ruling “is just the latest confirmation that this is a misdirected case brought under a misdirected theory where the government continues to be reminded that they are wrong.”

Prosecutors have suggested that Ellis’ restrictions on the 1917 statute create a high barrier to surmount in a trial that has been delayed multiple times over four years. It is now set for April 21.

They argued that the statute does not require proof of bad faith and that its base line was that the release of the information might help a foreign government, and not necessarily that it harmed the United States.

This is a moment of great uncertainty. Here’s what you can do about it.

We hope you appreciated this article. Before you go, we’d like to ask you to please support the Forward’s independent Jewish news. All donations are still being matched by the Forward Board - up to $100,000 until April 24.

This is a moment of great uncertainty for the news media, for the Jewish people, and for our sacred democracy. It is a time of confusion and declining trust in public institutions. An era in which we need humans to report facts, conduct investigations that hold power to account, tell stories that matter and share honest discourse on all that divides us.

With no paywall or subscriptions, the Forward is entirely supported by readers like you. Every dollar you give is invested in the future of the Forward — and telling the American Jewish story fully and fairly.

The Forward doesn’t rely on funding from institutions like governments or your local Jewish federation. There are thousands of readers like you who give us $18 or $36 or $100 each month or year.

Support our mission to tell the Jewish story fully and fairly.

Republish This Story

Please read before republishing

We’re happy to make this story available to republish for free, unless it originated with JTA, Haaretz or another publication (as indicated on the article) and as long as you follow our guidelines.
You must comply with the following:

  • Credit the Forward
  • Retain our pixel
  • Preserve our canonical link in Google search
  • Add a noindex tag in Google search

See our full guidelines for more information, and this guide for detail about canonical URLs.

To republish, copy the HTML by clicking on the yellow button to the right; it includes our tracking pixel, all paragraph styles and hyperlinks, the author byline and credit to the Forward. It does not include images; to avoid copyright violations, you must add them manually, following our guidelines. Please email us at [email protected], subject line “republish,” with any questions or to let us know what stories you’re picking up.

We don't support Internet Explorer

Please use Chrome, Safari, Firefox, or Edge to view this site.