A judge sentenced former National Security Agency contractor Reality Winner to 63 months in prison Thursday for leaking classified information to media.
The sentence is not that surprising, though some in media and politics would disagree. MSNBC’s Chris Hayes, for example, appeared shocked by the severity of the ruling.
“Five years in prison for this is absolutely nuts,” he said on social media. “NUTS.”
I disagree! Let’s remember what brought us to this point. First, the basics, via CNN:
According to a federal complaint, Winner printed the intelligence report and mailed it to the news outlet. When the outlet contacted the NSA, saying it had what appeared to be a classified document, the outlet provided a copy, which appeared to have been folded or creased, the complaint said.
That led to an internal audit that revealed that Winner was one of just six people who had printed the document and the only one who had email contact from a desk computer with the news outlet, according to the complaint.
Winner’s actions raised questions about whether the leak was politically motivated.
She had previously criticized President Donald Trump on social media. When it became clear that Trump would win on election night in November 2016, she posted, “Well. People suck. #ElectionNight.” She once called Trump an “orange fascist.”
Now, for the really stupid stuff, including when Winner reportedly called family members from jail with tips on how to manipulate investigators and news media. Her plan was to portray herself as a babe in the woods, according to prosecutors. That was closer to the truth than she may have realized, considering she apparently didn’t know jailhouse phone calls are monitored.
WSB-TV in Atlanta reported at the time:
[…]
Prosecutors said a phone call to her sister expressed Winner’s confidence in how to play the court during her bond hearing.
“I’m pretty, white and cute,” she allegedly told her sister.
Winner, who originally entered a not guilty plea, told her sister she would braid her hair and cry in court, according to prosecutors. The defendant also told her mother that she would “go nuclear to the press if I don’t get what I want” during her bail hearing.
After all that, it’s kind of surprising the prosecutors didn’t throw the book at her. Winner originally faced a maximum of 10 years. She got off pretty easy. It’s also worth noting that previous leakers have been given similar sentences, including Chelsea Manning (35 years, then commuted) and former CIA officer John Kiriakou (30 months).
What’s nuts is that high-level leakers like former CIA director and retired Gen. David Petraeus and former NSA Official Thomas Drake were allowed to skate. Petraeus got two years of probation and a fine. Drake got one year of probation and community service.
