Excerpts from the sentencing transcript of Thomas A. Drake, former senior NSA official, by The Honorable Richard D. Bennett, United States District Judge:
I think the average American is entitled to know when their home is searched after a month, two months, three months, six months, hire a lawyer. I think at some point in time that the average citizen when their home is searched, which is a pretty ... a pretty extreme experience for those who have experienced it, to have someone arrive at the crack of dawn and knock on the door and come through and inventory all the items in your home. I would think the average American after two years is entitled to know what the status of the case is.
As to the personal history and characteristics and nature and circumstances of this offense, I will note as to the nature and circumstances of the offense, Mr. Drake, that the overall scenario here is troubling. The fact that I have clearly been critical of the government and the lack of explanation for the time period and the fact that you're the only one charged, it certainly takes away from the gravitas of the case.
So the implications on any kind of classified information involving issues of national security are very, very important and should not be ignored. From the smallest case to the most severe case, it is a very, very delicate matter. And you of all people are clearly aware of that in terms of your personal history and your military service to this country, a total of 15 years both active duty and reserve, as well as eight years at the National Security Agency. So you're very well aware of the sensitivity of all of this, so anything involving classified material, anything involving protected material, anything involving material that we dealt with over days and days with the secured hearings that were classified here in the closed courtroom were obviously very, very significant and weigh on the thoughts of the court.
Having said that, your personal history and characteristics are commendable. You've served in the U.S. Air Force. You've served in the Navy Reserves. You've served your country in a very significant way in terms of working for the NSA, a very important agency in the lives of our country, particularly since September 11, and you have served well. So this whole matter is really a tragedy and you definitely did exercise very poor judgment.
But having said that, when I look at the matter of whether it's necessary to protect the public from further crimes of you, that's obviously not the case, and Mr. Welch hasn't tried to argue that it is. But in terms of deterrence, what you have gone through in and of itself would deter anyone who thinks they can lightly take information from a government computer and in any way set out on their own path. The irony here is is that you set out on the correct path initially and followed the protocols and contacted the appropriate congressional committees. The public needs to understand that there are ways that whistle blowers from government agencies can proceed, including with classified information and going to the House Permanent Select Committee on Intelligence and other matters.
I think the average American is entitled to know when their home is searched after a month, two months, three months, six months, hire a lawyer. I think at some point in time that the average citizen when their home is searched, which is a pretty ... a pretty extreme experience for those who have experienced it, to have someone arrive at the crack of dawn and knock on the door and come through and inventory all the items in your home. I would think the average American after two years is entitled to know what the status of the case is.
As to the personal history and characteristics and nature and circumstances of this offense, I will note as to the nature and circumstances of the offense, Mr. Drake, that the overall scenario here is troubling. The fact that I have clearly been critical of the government and the lack of explanation for the time period and the fact that you're the only one charged, it certainly takes away from the gravitas of the case.
So the implications on any kind of classified information involving issues of national security are very, very important and should not be ignored. From the smallest case to the most severe case, it is a very, very delicate matter. And you of all people are clearly aware of that in terms of your personal history and your military service to this country, a total of 15 years both active duty and reserve, as well as eight years at the National Security Agency. So you're very well aware of the sensitivity of all of this, so anything involving classified material, anything involving protected material, anything involving material that we dealt with over days and days with the secured hearings that were classified here in the closed courtroom were obviously very, very significant and weigh on the thoughts of the court.
Having said that, your personal history and characteristics are commendable. You've served in the U.S. Air Force. You've served in the Navy Reserves. You've served your country in a very significant way in terms of working for the NSA, a very important agency in the lives of our country, particularly since September 11, and you have served well. So this whole matter is really a tragedy and you definitely did exercise very poor judgment.
But having said that, when I look at the matter of whether it's necessary to protect the public from further crimes of you, that's obviously not the case, and Mr. Welch hasn't tried to argue that it is. But in terms of deterrence, what you have gone through in and of itself would deter anyone who thinks they can lightly take information from a government computer and in any way set out on their own path. The irony here is is that you set out on the correct path initially and followed the protocols and contacted the appropriate congressional committees. The public needs to understand that there are ways that whistle blowers from government agencies can proceed, including with classified information and going to the House Permanent Select Committee on Intelligence and other matters.
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