Kathianne
08-15-2019, 03:58 PM
Seems like a lot for one day:
https://www.washingtontimes.com/news/2019/aug/14/investigation-clears-analyst-accused-of-leaking-da/
EXCLUSIVE: Probe clears pro-Trump Pentagon analyst, report withheld from defense team
By Rowan Scarborough - The Washington Times - Wednesday, August 14, 2019
A confidential counterintelligence investigation cleared suspended Pentagon analyst Adam S. Lovinger on allegations of leaking data to the news media, but officials never told his defense team.
The Naval Criminal Investigative Service (NCIS) examined Mr. Lovinger’s use of classified computer networks. In a 2018 report, the NCIS said its review “did not reveal any potential CI [counter intelligence] concerns,” according to a copy obtained by The Washington Times.
Mr. Lovinger’s attorney, Sean Bigley, has now filed a complaint with the Defense Department inspector general. He accuses Pentagon officials who targeted his client of a “serious ethics violation” by withholding the exoneration.
The NCIS probe was closed September 2018, and the report signed in November. Mr. Lovinger’s administrative trial began the next month.
Mr. Bigley is trying to convince the Pentagon IG that his client is a victim of whistleblower reprisal. Mr. Lovinger’s employer, the Pentagon Office of Net Assessment, accused him of mishandling “sensitive” material, a charge his lawyer said essentially is made up since there is no such classification.
“This single NCIS document undercuts about 80% of the government’s sham case against him,” Mr. Bigley told The Times. “No wonder DoD withheld it. No leak, and he didn’t have any ‘sensitive’ documents on his computer so he couldn’t have been mishandling ‘sensitive’ information on his computer.”
The NCIS report said an analysis of the hard drive on Mr. Lovinger’s U.S. government-issued Dell computer “did not yield any classified or sensitive information.”
In the declassified version of the report, the word “not” is missing. An NCIS spokesman told The Times on Wednesday that the file copy is being corrected to add the word “not.”
The Lovinger case became a cause celebre for conservatives who believe the Pentagon retaliated against the 12-year employee. He supported President Trump’s policies and went to work for the new White House in 2017. The Office of Net Assessment quickly pulled him back to the Pentagon, where he was suspended and stripped of his security clearance. His pay stopped in April 2018.
Mr. Lovinger lost his appeal in a decision this spring following a five-day closed hearing in December before an administrative judge who ruled in favor of the Office of Net Assessment. One of the overriding narratives during Mr. Lovinger’s battle to keep his job was that he had violated rules by leaking derogatory stories about the office to the news media.
Unknown to him at the time, the NCIS already had conducted an intrusive investigation into his computers and other devices. Agents found no evidence he leaked to the press, as charged, or that he was a counterintelligence risk. It closed the case nearly a year ago. Agents saw no need to interview him because of a lack of evidence of wrongdoing.
Here is the NCIS bottom line in September 2018: “As this investigation has not disclosed indicators Lovinger leaked sensitive information to members of the media and all logical investigative steps were completed, this case is now closed.”
‘Whistleblower reprisal’
Mr. Bigley’s reprisal argument is based on the following chronology:
...
https://www.washingtontimes.com/news/2019/aug/14/investigation-clears-analyst-accused-of-leaking-da/
EXCLUSIVE: Probe clears pro-Trump Pentagon analyst, report withheld from defense team
By Rowan Scarborough - The Washington Times - Wednesday, August 14, 2019
A confidential counterintelligence investigation cleared suspended Pentagon analyst Adam S. Lovinger on allegations of leaking data to the news media, but officials never told his defense team.
The Naval Criminal Investigative Service (NCIS) examined Mr. Lovinger’s use of classified computer networks. In a 2018 report, the NCIS said its review “did not reveal any potential CI [counter intelligence] concerns,” according to a copy obtained by The Washington Times.
Mr. Lovinger’s attorney, Sean Bigley, has now filed a complaint with the Defense Department inspector general. He accuses Pentagon officials who targeted his client of a “serious ethics violation” by withholding the exoneration.
The NCIS probe was closed September 2018, and the report signed in November. Mr. Lovinger’s administrative trial began the next month.
Mr. Bigley is trying to convince the Pentagon IG that his client is a victim of whistleblower reprisal. Mr. Lovinger’s employer, the Pentagon Office of Net Assessment, accused him of mishandling “sensitive” material, a charge his lawyer said essentially is made up since there is no such classification.
“This single NCIS document undercuts about 80% of the government’s sham case against him,” Mr. Bigley told The Times. “No wonder DoD withheld it. No leak, and he didn’t have any ‘sensitive’ documents on his computer so he couldn’t have been mishandling ‘sensitive’ information on his computer.”
The NCIS report said an analysis of the hard drive on Mr. Lovinger’s U.S. government-issued Dell computer “did not yield any classified or sensitive information.”
In the declassified version of the report, the word “not” is missing. An NCIS spokesman told The Times on Wednesday that the file copy is being corrected to add the word “not.”
The Lovinger case became a cause celebre for conservatives who believe the Pentagon retaliated against the 12-year employee. He supported President Trump’s policies and went to work for the new White House in 2017. The Office of Net Assessment quickly pulled him back to the Pentagon, where he was suspended and stripped of his security clearance. His pay stopped in April 2018.
Mr. Lovinger lost his appeal in a decision this spring following a five-day closed hearing in December before an administrative judge who ruled in favor of the Office of Net Assessment. One of the overriding narratives during Mr. Lovinger’s battle to keep his job was that he had violated rules by leaking derogatory stories about the office to the news media.
Unknown to him at the time, the NCIS already had conducted an intrusive investigation into his computers and other devices. Agents found no evidence he leaked to the press, as charged, or that he was a counterintelligence risk. It closed the case nearly a year ago. Agents saw no need to interview him because of a lack of evidence of wrongdoing.
Here is the NCIS bottom line in September 2018: “As this investigation has not disclosed indicators Lovinger leaked sensitive information to members of the media and all logical investigative steps were completed, this case is now closed.”
‘Whistleblower reprisal’
Mr. Bigley’s reprisal argument is based on the following chronology:
...