Federal Prosecutors Seek Reinstatement of Leung Spy Charges

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Federal prosecutors have filed a motion asking a judge to reconsider her decision last month to dismiss espionage-related charges against former Los Angeles businesswoman and FBI informant Katrina Leung.


Leung, alleged to have served as a Chinese double agent, was charged with illegally copying and keeping classified documents that might have harmed the U.S. government. The documents were said to have been found at her San Marino home.


U.S. District Judge Florence-Marie Cooper dismissed the entire case on Jan. 6 because she concluded that prosecutors exhibited “substantial prejudice” against Leung by drafting an illegal clause in a separate plea agreement with James Smith, a retired FBI special agent who had a 20-year sexual affair with Leung. Smith, who was charged with gross negligence in handling classified documents, pleaded guilty last May in exchange for no jail time.


Under the plea agreement, Smith agreed not to join Leung’s defense and “to have no further sharing of information relating to this case with Leung, counsel for Leung, or the employees of counsel for Leung,” according to court documents. Under court rules, prosecutors are prohibited from preventing a defendant from having access with witnesses.


The judge, who charged federal prosecutors with misconduct, said the plea agreement was unfairly drafted to limit the ability to Leung’s attorneys to defend her. In their motion to reinstate the case, prosecutors argued that the case was “far from ordinary” and that plea agreement’s clause was intended only to prohibit communication of classified materials.


“Smith remained the repository of an enormous amount of classified and national security information,” prosecutors wrote in the motion. “On these facts, it would be inconceivable for a prosecutor not to be concerned that Smith might improperly disclose classified information during an interview with defense counsel.”

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