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Thomas Drake

Judge Probes Claim Of Evidence Destruction In NSA Leak Prosecution

By Marisa Taylor for McClatchy News. A federal judge is investigating allegations that the government may have improperly destroyed documents during the high-profile media leak investigation of National Security Agency whistleblower Thomas Drake. U.S. Magistrate Judge Stephanie Gallagher’s inquiry was launched after Drake’s lawyers in April accused the Pentagon inspector general’s office of destroying possible evidence during Drake’s criminal prosecution, which ended almost four years ago, McClatchy has learned. In a May 13 letter, Gallagher told Justice Department lawyers that the judge who had presided over the case asked her to evaluate the allegations from Drake’s lawyers “for further investigation and to make recommendations as to whether any action by the court is warranted or appropriate.” The allegations raise new questions about a prosecution that had been excoriated by the presiding judge after the Justice Department’s case against Drake unraveled and resulted in the former senior NSA official pleading guilty to a misdemeanor charge.

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