According to the indictment, Hale provided 11 Top Secret or Secret documents to the reporter and his online news outlet. Those documents were later published either in whole or in part.
They include a secret memo outlining a military campaign against al-Qaeda overseas, a top secret intelligence report on an al-Qaeda operative, and a secret PowerPoint slide “outlining the effects of the military campaign targeting Al-Qaeda overseas,” according to the indictment.
Court papers do not identify by name the reporter who allegedly received the leaks, but details in the indictment make clear that Jeremy Scahill, a founding editor of The Intercept, is the reporter who received the leaks.
The indictment states that many of the classified documents were disclosed in an October 2015 news article.
On October 15, 2015, Scahill published an article on The Intercept titled “The Assassination Complex” that relies on “a cache of secret slides that provides a window into the inner workings of the U.S. military’s kill/capture operations at a key time in the evolution of the drone wars.”
The story says the documents “were provided by a source within the intelligence community who worked on the types of operations and programs described in the slides. The Intercept granted the source’s request for anonymity because the materials are classified and because the U.S. government has engaged in aggressive prosecution of whistleblowers.”
Scahill’s book, “Dirty Wars,” was published in 2013, and the indictment indicates Hale and Scahill met while Scahill was promoting the book at a Washington, D.C., bookstore. The book reported on the use of drones to attack and kill targets like al-Qaeda cleric Anwar al-Awlaki, among other things.
The indictment states that Hale listed his work with drones on kill and capture operations on his resume and quotes Hale in a text message to a friend stating that Scahill “wants me to tell my story about working with drones.”
According to the indictment, Hale and Scahill used an encrypted messaging service called Jabber to communicate throughout 2013 and 2014.
Scahill did not immediately return an email seeking comment Thursday.
The Eastern District of Virginia, where Hale will be prosecuted, has been a frequent location for cases involving leaks and whistleblowers.
Prosecutors in Alexandria have filed criminal charges against Wikileaks founder Julian Assange and against former National Security Agency contractor Edward Snowden, though both so far remain overseas despite U.S. efforts to obtain their extradition.
In 2015, a judge imposed a 3 ½ year sentence on former CIA officer Jeffrey Sterling, who was convicted of exposing government secrets to a New York Times reporter. In 2013, another former CIA man, John Kiriakou, was sentenced to 2 ½ years in prison after pleading guilty to leaking a covert officer’s identity to a reporter.
Kiriakou’s indictment in 2012 prompted then-CIA Director David Petraeus to issue a statement reminded his agency’s employees of the need for secrecy in their work.
“When we joined this organization, we swore to safeguard classified information; those oaths stay with us for life,” he said at the time.
In 2015, Petraeus pleaded guilty in federal court in North Carolina to a charge of unauthorized removal and retention of classified information. He was sentenced to probation.
Associated Press writer Eric Tucker in Washington contributed to this report.