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Note: This article has been updated with additional information about the case. Vicki Divoll is no stranger to secrets. She is an experienced government lawyer who has served as in-house counsel for the White House, the Senate, and the CIA, handling top-secret information in each of those roles. But now Divoll is being accused of leaking facts about a secret CIA program to a reporter at The New York Times. According to Politico‘s Josh Gerstein, “The allegation against former Senate lawyer Vicki Divoll was contained in a legal filing [PDF] made public Tuesday in the prosecution of former CIA officer Jeffrey Sterling, who was indicted last year for allegedly leaking information to Times reporter James Risen about a CIA effort to sabotage Iran’s nuclear program.” Sterling has implicated Divoll as part of his defense against these charges. In response, Divoll’s lawyer James Cooper told CorpCounsel.com, “This accusation is not made by the government, it’s made by the defendant in the case, Mr. Sterling. The context for the statements is that he is a person charged in a criminal case who is trying to find an alternative theory for how information made it into the public domain that is inconsistent in his guilt. He’s free to do that, but Vicki Divoll is an innocent party whose reputation is being besmirched when she’s not in a position to respond.” Cooper says that Divoll did not have any contact with Risen at the Times. Gerstein’s post in his “Under the Radar” blog details Divoll’s history as counsel to the Clinton White House, assistant general counsel at the CIA (“where she was deeply involved in the legalities of the Clinton administration’s unsuccessful efforts to target Osama bin Laden”), and general counsel to the Senate Intelligence Committee (SSCI). Divoll was fired from the SSCI position in 2003, but no information was ever made public as to why. According to Gerstein, her attorney denies that she was dismissed for leaking information, but declines to elaborate on the actual reason for her firing. Since then, Divoll has gone on to become a teacher at the United States Naval Academy, and was part of the public debate about U.S. policies regarding torture with her 2009 New York Times op-ed, “Congress’s Torture Bubble.” Over time, some of Divoll’s classified work has become public knowledge, though through legal channels. According to a 2005 article in Harvard Univeristy’s Kennedy School Bulletin, “The Lawyer Who Came in from the Cold,” details of work she did at the CIA were declassified and included in the widely read 9/11 Commission Report. “The commission didn’t get it all, but what they got they did accurately,” she says in the article. Because the court document that points the finger at Divoll for leaking CIA information is part of Sterling’s trial, the accusation is not a formal charge against the former government lawyer. However, as Gerstein writes in Politico, “Sterling’s defense lawyers are seeking permission to subpoena Divoll at trial.”

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