After the ABC News interview, Kiriakou exchanged emails with a freelance writer. In the emails, Kiriakou disclosed the name of a former CIA colleague who had participated in the detention and interrogation program; the employee was, at the time, still undercover. The freelance writer then shared the name with
lawyers representing detainees held at Guantanamo Bay. The name then appeared in a sealed legal filing submitted by the defense attorneys. Although the name was not made public at the time, the disclosure angered federal officials, and the resulting federal investigation led to Kiriakou's arrest. The name that was disclosed appeared on
The New York Times website in October 2011. On January 23, 2012, Kiriakou was charged with disclosing classified information to journalists, including the name of a covert CIA officer and information revealing the role of another CIA employee,
Deuce Martinez, in classified activities. In addition, Kiriakou was alleged to have lied to the CIA in order to have his book published. His criminal defense lawyer was Robert Trout. His other lawyer,
Jesselyn Radack, told
Politico that the government was wrong to deny Kiriakou's whistleblower status. According to
PEN America:The specific charges were that in 2008, Kiriakou confirmed the name of a CIA officer—which was already well known to people in the human rights community, according to the Government Accountability Project—to someone who claimed to be writing a book about the agency's rendition practices. In a separate 2008 incident, Kiriakou gave a
New York Times journalist the business card of a CIA agent who worked for a "private government contractor known for its involvement in torture." That agent had never been undercover and his contact information and affiliation with the CIA was already publicly available on the Internet. Kiriakou faced up to 45 years in prison and millions of dollars in legal fees for these charges. Kiriakou initially pleaded
not guilty to all charges and was released on bail. Starting September 12, 2012, the
District Court for the Eastern District of Virginia conducted a closed
Classified Information Procedures Act hearings in Kiriakou's case. On October 22, 2012, Kiriakou agreed to plead guilty to one count of passing classified information to the media thereby violating the Intelligence Identities Protection Act; his plea deal spared journalists from testifying in a trial. All other charges were dropped. On January 25, 2013, Kiriakou was sentenced to 30 months in prison, making him the second CIA employee to be jailed for revealing classified material of CIA undercover identities In February 2013,
New York Times reporter
Scott Shane referenced the Kiriakou case when he told
NPR that Obama's prosecutions of journalism-related leaking were having a
chilling effect on coverage of national security issues. In January 2013,
Bruce Riedel, a former CIA analyst and intelligence adviser to
Barack Obama, sent the president a letter signed by eighteen other CIA veterans urging that Kiriakou's sentence be
commuted. ==Imprisonment==