kamm - Tomer Appelbaum - September 14, 2010
Anat Kamm at a Supreme Court hearing July 22, 2010. Photo by Tomer Appelbaum
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A plea agreement for Anat Kamm, who is accused of handing secret army documents to Haaretz writer Uri Blau, will be submitted in a Tel Aviv court on Sunday. According to the plea agreement, Kamm will plead guilty to possession of secret information and passing them on without permission, crimes that carry a maximum punishment of 15 years in prison.

Unlike in the original charges, the plea agreement will not assign to Kamm the intention to harm the security of the state, which carries with it a maximum punishment of life imprisonment. The prosecution and the defense did not come to an agreement regarding the punishment that Kamm will receive for the charges she intends to plead guilty to.

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.

The documents included plans for military operations, the minutes of internal discussions, details of the deployment of IDF forces, conclusions of internal investigations, situation assessments, target banks and more. She later delivered them to Blau, who used them in his reports.

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.

Eitan Lehman and Avigdor Feldman, 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.

"What we have contended all along has come to light: Anat never had any intention to harm state security, and harm to state security never actually occurred," Lehman said. "We intend to prove that we're talking about a mountain that was made out of a molehill, and which has to be returned to its original size."

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.

Since her arrest, Kamm has been under house arrest in Tel Aviv. The court has rejected every request she has filed to ease the terms of her detention.