- The Washington Times - Tuesday, February 11, 2003

A U.S. District Court jury is trying to decide whether former Air Force Master Sgt. Brian Patrick Regan was a traitor or whether he was trying to scam Iraqi and Libyan leaders out of $13 million.
"Brian Regan is not a fantasizer. Brian Regan is a traitor," said Assistant U.S. Attorney Patricia Haynes in closing arguments at the Alexandria courthouse.
Defense Attorney Nina Ginsberg argued that the worst Sgt. Regan did was to perhaps try "to get some money from [Iraqi President] Saddam Hussein."
After hearing those closing arguments after eight days of trial, the jury deliberated nearly two hours before sending in a question and adjourning until 9:30 a.m. tomorrow.
If they find Sgt. Regan guilty of at least two of the four espionage counts, the trial will resume and they will decide whether he should be sentenced to death. It would be the first death sentence for spying in the United States since 1953.
Sgt. Regan, 40, looks for and smiles at his wife and family as he enters and leaves the courtroom. Otherwise, he has been expressionless throughout the trial.
Yesterday, his wife and 4-year-old son were among about eight friends and relatives in attendance. After about three hours of closing arguments, the boy took a nap on the courtroom floor at his mother's feet.
Judge Gerald Bruce Lee pointed out to the 12 jurors and four alternates that much of the evidence was classified as secret and top secret by the federal government. He said they could not reveal or discuss that evidence outside the jury room.
"They found not one piece of classified evidence in his home," or van, Ms. Ginsberg said, although the FBI searched his house in Bowie five times.
"Mr. Regan was not found with any classified information when he was arrested," Ms. Ginsberg said, conceding that FBI agents found scribbled code messages of coordinates of missile sites in Iraq and China in his possession when he was arrested before boarding a flight to Zurich on Aug. 23, 2001.
But Assistant U.S. Attorney James P. Gillis pointed out that some scribbled information was found in his shoe, and that a blue folder contained codes, and keys to codes. Evidence obtained from Sgt. Regan's Gateway computer indicated he had put together more than 90 codes, which one analyst called "polyalphabetic substitution."
Sgt. Regan was flying to Switzerland although he left written notes and had told his new TRW Inc. employers at the supersecret National Reconnaissance Office that he was going to drive down Interstate 95 to spend a week in Orlando, Fla., Mr. Gillis said.
"You have what amounts to a signed confession," Mr. Gillis said, referring to letters offering classified information, including from U.S. spy satellites, to Iraq and Libya.
Sgt. Regan had 20 years' experience in the Air Force and additional training and clearance for classified information while assigned to NRO, and later with TRW, which has since become a part of Northrup Grumman, Mr. Gillis said.
Information from his computer hard drive and other sources prove that Sgt. Regan made searches "that were not job related," and promised Iraqi leader Saddam Hussein "knowledge which would improve your weapon systems," Mr. Gillis said.
"Even if he had a right to access these documents, he did not have a right to offer them to Saddam Hussein or Moammar Gadhafi," Ms. Haynes said.
"Iraq is a dangerous place. Gen. [David] Deptula told you so," she said to the jury, referring to a Gulf War commander who testified last week. "And that man, sitting right there, knew it," Ms. Haynes said.
But Ms. Ginsberg said there is no evidence those letters or classified data were ever sent.
Also, she pointed out that expert defense witnesses, including Maynard Anderson, former acting deputy secretary of defense for security, said all of the supposedly classified information and photos could be found on the internet.
"[Sgt. Regan] collected hundreds of things which most of us would consider junk," Ms. Ginsberg said. "He wrote down the most minute detail because he was not capable of keeping it in his head."

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