MOSCOW, March 19 - RAPSI, Ingrid Burke. A 59-year-old American defense contractor, who formerly served as an officer for the US Army, has been arrested and charged in Hawaii with leaking classified information about US nuclear weapons and national defense strategy to his 27-year-old Chinese paramour, US Attorney for the District of Hawaii Florence Nakakuni announced Monday.
Defendant Benjamin Pierce Bishop faces up to 20 years in prison, having been charge with one count each of willfully communicating national defense information to a person not entitled to receive such information and one count of unlawfully retaining documents related to national defense.
He currently serves as a defense contractor for the US Pacific Command, which enjoys a broad mandate in its responsibility for the command and control of US military forces in the Asia-Pacific region.
According to the affidavit, he and his lover met in Hawaii during a conference on international defense issues, and have been romantically involved since June 2011.
Little information has been released at this point on the identity of Bishop’s inamorata at this point, beyond her age, nationality, the fact that she is presently residing in the US on a visa, and the fact that she has never possessed US security clearance such that would allow her to receive information such as that passed to her by Bishop.
According to the US Attorney’s statement, Bishop is accused of having passed along such sensitive national defense information as: “information relating to nuclear weapons; information on planned deployment of U.S. strategic nuclear systems; information on the ability of the United States to detect low- and medium-range ballistic missiles of foreign governments; and information on the deployment of U.S. early warning radar systems in the Pacific Rim.”
This conduct allegedly lasted from May 2011 through December 2012.
Investigators found 12 classified documents being stored in Bishop’s home as well, contrary to protocol.
Individuals that possess US Government security clearance such as Bishop’s are required to regularly report on foreign contacts.
Bishop kept his affair in the dark from US Government officials, despite requirements imposed by the US Department of Defense that foreign contacts should be regularly reported by any individual in possession of high-level security clearance.
Bishop has held Top Secret clearance since 2002. The US government offers various levels of security clearance: confidential, secret, and top secret. Possession of a given clearance level entitles the holder to access classified information up to and including their clearance level. Top Secret clearance requires a rigorous qualification process and is kept current through frequent maintenance requirements, including reporting on foreign contacts.
The “top secret” security classification is described by Department of Defense as applicable to, “information, the unauthorized disclosure of which reasonably could be expected to cause exceptionally grave damage to the national security that the original classification authority is able to identify or describe.”
While 20 years in federal prison would hardly be an enviable fate, things could be much worse for Bishop if he was accused of having leaked the information for China’s benefit.
The US Code stipulates that anyone who, "with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation," delivers information relating to national defense to any foreign government "shall be punished by death or by imprisonment for any term of years or for life."
The death penalty is not always an option in such cases, although nuclear information leaves the option on the table.
The code stipulates that in such cases, the death penalty is available if the offense directly concerned “nuclear weaponry, military spacecraft or satellites, early warning systems, or other means of defense or retaliation against large-scale attack; war plans; communications intelligence or cryptographic information; or any other major weapons system or major element of defense strategy."