A plea bargain for Anat Kamm, accused of passing documents she took from the IDF Central Command to Haaretz reporter Uri Blau, has been formulated at a meeting with senior prosecutors at the justice ministry, Channel 2 reported on Monday evening.
According to the indictment against Kamm, during her military service as clerk in the office of then-GOC Central Command, Maj. Gen. Yair Naveh, she collected about 2,000 documents, some highly classified and top-secret, and copied them to CDs and her personal computer. She later delivered them to Blau, who used them in his reports.
In the draft plea bargain, a clause accusing Kamm of intending to harm Israel's security has been dropped while clauses accusing Kamm of possession and transfer of state secrets will remain.
Haaretz first reported on negotiations between Kamm's lawyer and the prosecutors in her case to arrange a plea bargain several months ago. Senior prosecutors have participated in the negotiations.
The prosecution first chose to charge Kamm with the most severe crime in the criminal code: aggravated espionage with intent to harm state security, which carries a life sentence upon a guilty conviction.
Kamm was also charged with collecting and possessing secret materials with the intent to harm state security, which carries a 15-year prison sentence. But the criminal code also includes other crimes that Kamm could be charged with that carry far lighter sentences.
Avigdor Feldman and Eitan Lehman, Kamm's defense lawyers, contend that by transferring the secret material to Blau, an Israeli journalist who must comply with military censors, it is obvious that she had no intention to harm state security.
Feldman and Lehman claim that if she intended to harm Israel's security, she would have transferred the material to persons hostile to the state. The criminal code includes the crime of transferring secret materials to an unauthorized person without intent to harm state security. The crime carries a maximum 15 year prison sentence.
The criminal code also includes the charge of possession or usage of a document without authorization, which carries a charge of up to five years in prison. There is also a law against a public servant passing on information to an unauthorized person after they are no longer employed by the state, and this crime carries a maximum three year prison sentence.
There is a law prohibiting possession of information without authorization that carries a maximum charge of one year in prison.
There is also a legal defense enshrined in law for someone who has transferred information to another person without authorization. The law states that if a person has honest intentions and intends to change public policy by legal means, it is not considered a crime.
Kamm can make the claim that this was her intention, and that she is therefore innocent according to the law.
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