177. Traitor or CIA Double Agent? The Richard Craig Smith Story

177. Traitor or CIA Double Agent? The Richard Craig Smith Story

Released Monday, 30th December 2024
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177. Traitor or CIA Double Agent? The Richard Craig Smith Story

177. Traitor or CIA Double Agent? The Richard Craig Smith Story

177. Traitor or CIA Double Agent? The Richard Craig Smith Story

177. Traitor or CIA Double Agent? The Richard Craig Smith Story

Monday, 30th December 2024
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0:00

This is the

0:03

SpyCraft 101 podcast. Welcome

0:05

to your clandestine classroom.

0:08

This is episode number

0:10

177 of the Spi-Craft

0:12

is podcast. Today's of the is another solo

0:14

episode Today's episode is another

0:17

solo episode where I share

0:19

some of my own research

0:21

with you. Today I'm talking

0:23

about the very unusual case

0:25

of Richard Craig Smith. Smith. Craig

0:28

was a former agent who

0:30

was was arrested in

0:32

April passing classified for passing

0:34

classified information to a

0:36

KGB officer in Japan

0:38

on several occasions. a written article

0:41

published a written article based on

0:43

this episode on my page If are .com.

0:45

a patron, not already a to but you'd

0:47

like to support me there, you can sign up

0:49

and read this article. plus lots lots of

0:51

other exclusive articles I've written over

0:53

the past few years. years.

0:55

But before we get into this

0:57

story, I I let you all know about

0:59

an educational tool you're not going to

1:02

want to miss. to It's the Gray Man

1:04

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1:06

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1:08

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2:02

have been reading and learning

2:04

a lot since I first

2:07

subscribed. Look it up yourself

2:09

at graymanbriefing.com. That's gray with

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2:13

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to save 20% right from

2:17

the start. There are two

2:19

very different versions of Craig's

2:21

story. That is, of course,

2:23

very common regarding any criminal

2:25

trial. in which the defendant

2:27

pleads not guilty. But what

2:29

separates this case from many

2:31

others is that both the

2:33

prosecutors and the defense acknowledge

2:35

the truth of many of

2:37

the facts of the case.

2:39

Craig did meet with a

2:41

Soviet intelligence agent. He did

2:43

give him information on American

2:45

double agents, and he was

2:47

paid for this information. Craig

2:49

did not dispute this during

2:51

the trial, but his defense

2:54

was that he'd done it

2:56

at the behest of... case

2:58

officers from the CIA who

3:00

had approached him and recruited

3:02

him as a double agent

3:04

against the KGB. If that

3:06

was so, why was he

3:08

ever brought to trial in

3:10

the first place? Because the

3:12

CIA did not claim him

3:14

as one of their recruited

3:16

agents. So either he was

3:18

a spy and a traitor

3:20

or he was a double

3:22

agent left out in the

3:24

cold. And it would be

3:26

up to a jury to

3:28

decide which scenario seemed most

3:30

likely. Craig grew up in

3:32

a devout Mormon family and

3:34

moved to the Washington DC

3:36

area in 1959 when he

3:38

was 16 years old. Just

3:41

after graduating high school, he

3:43

was hired to work for

3:45

nine months as a micro

3:47

photographer for the CIA at

3:49

their brand new headquarters facility

3:51

in Langley, Virginia, where his

3:53

church bishop was already employed.

3:55

Following that short stint, he

3:57

went to Paris, France for

3:59

two years as a missionary

4:01

for his church. He then

4:03

enrolled in college at Brigham

4:05

Young University, but was drafted.

4:07

into the Army in 1967

4:09

before graduating. Craig was initially

4:11

assigned to the Army Security

4:13

Agency in a signals intelligence

4:15

role. Later on, he applied

4:17

to become a counter-intelligent special

4:19

agent, and after completing the

4:21

special agent course, he spent

4:23

one year at the Department

4:25

of Defense's Language School at

4:28

Monterey California, where he learned

4:30

Japanese. Craig and his wife

4:32

then moved to Japan for

4:34

the next three and a

4:36

half years. where he performed

4:38

counterintelligence duties. While he was

4:40

in Japan, he began working

4:42

in offensive counterintelligence operations, running

4:44

double agents against adversarial intelligence

4:46

agencies. According to Craig's biography,

4:48

this typically involved an American

4:50

soldier who was contacted by

4:52

a Soviet intelligence agent perhaps

4:54

while traveling abroad on leave,

4:56

for example. The soldier would

4:58

report the incident to army

5:00

counterintelligence. And in some cases,

5:02

Craig or other agents would

5:04

determine this was a good

5:06

opportunity to either identify foreign

5:08

agents or learn their current

5:10

methods and trade craft or

5:12

feed them false information or

5:14

perhaps all three. Double agent

5:17

operations are a mainstay of

5:19

intelligence agencies, so agents on

5:21

all sides are on guard

5:23

against them. That's one reason

5:25

why anyone who walks into

5:27

a foreign embassy offering information

5:29

is viewed initially with a

5:31

lot of suspicion. But when

5:33

the adversary is the one

5:35

who makes the first move

5:37

by contacting the soldier themselves,

5:39

that makes the double agent

5:41

much more believable and offers

5:43

a huge opportunity for counterintelligence

5:45

agents. In 1976, the Smith

5:47

family, which now included two

5:49

daughters, returned from Japan to

5:51

Washington DC, where he transferred

5:53

from uniformed service as a

5:55

non-commission officer into a civilian

5:57

billet as a counterintelligence agent.

5:59

and case officer. Two years

6:01

later, the family moved again,

6:04

this time to San Francisco,

6:06

where Craig took over a

6:08

small field office which was

6:10

responsible for all offensive counterintelligence

6:12

operations west of the Mississippi

6:14

River. The assignment was fulfilling,

6:16

but it kept him very

6:18

busy to the point that

6:20

Craig felt like he was

6:22

neglecting his family. When his

6:24

son Ian was born, he

6:26

decided to leave his intelligence

6:28

career behind and take the

6:30

family back to Utah. where

6:32

he grown up to try

6:34

to establish a more stable

6:36

upbringing for his children. He

6:38

resigned from his civilian position

6:40

with the Army in January

6:42

1980 and then started his

6:44

own business with a partner

6:46

called TimeSpan, which provided video

6:48

recording and editing services. The

6:51

company initially focused on recording

6:53

interviews with elderly family members

6:55

as a sort of keepsake

6:57

video journal. and later expanded

6:59

to filming commercials and documentaries.

7:01

Developing business relationships four timespan

7:03

eventually took Craig back to

7:05

Japan. He decided to organize

7:07

a trade show in Tokyo

7:09

in which businesses based in

7:11

Utah could meet with Japanese

7:13

companies to potentially find foreign

7:15

investors or partners. TimeSpan recorded

7:17

videos for 12 different companies

7:19

which they could take with

7:21

them to show off their

7:23

factories and businesses to the

7:25

Japanese. Organizing this first ever

7:27

trade show, Craig had to

7:29

make several trips to Tokyo

7:31

to arrange everything. One of

7:33

his first stops there was

7:35

the commercial section of the

7:38

U.S. Embassy. Trade show took

7:40

place in October 1981 and

7:42

was an overall success. Time

7:44

span worked to arrange other

7:46

similar shows in Tokyo and

7:48

even started planning trips to

7:50

Taiwan and Hong Kong to

7:52

show off real estate investment

7:54

opportunities in the US to

7:56

Chinese investors, although those eventually

7:58

fell through. He traveled

8:00

back and forth to Japan

8:02

at least least times in

8:04

1981 and 1982. this same period,

8:06

time around this same period. the

8:08

financial started to feel

8:11

the financial crunch for several different

8:13

reasons. after Craig started the

8:15

after Craig started the company. and

8:17

camcorders and other video equipment started

8:20

to drop in price become become

8:22

much more affordable and accessible

8:24

to the average consumer. and

8:26

all all the trips across the Pacific were

8:29

quite expensive. quite expensive. after

8:31

one of their major plan shows

8:33

fell through in 1982. TimeSpan was

8:35

forced to forced to declare bankruptcy.

8:37

and Craig had had to declare

8:39

personal bankruptcy as well. well. The The

8:42

company shut down and Craig had to

8:44

move on to something else entirely. entirely. However,

8:46

by that time Craig that time

8:48

Craig was already involved in something his

8:51

that his business partner and even his

8:53

family were unaware of. of. One

8:55

one night in July the year

8:57

before the year before Timespan closed

8:59

its doors. Craig was in his was in his

9:01

hotel room in Tokyo when the phone rang. rang.

9:03

A man A man identified

9:05

himself as Ken from the U.S. the

9:07

U .S. and asked and ask to meet. while

9:10

later, Ken little while later. Ken

9:12

arrived at Craig's hotel room, along with

9:14

another man. who called

9:16

himself Ishida. Craig assumed they were from

9:18

the assumed they were from the

9:20

commercial section. to talk and wanted to talk

9:22

about business development. but things took

9:24

an unexpected turn within a few minutes. a

9:27

few minutes. Craig realized they knew a

9:29

knew a surprising number of things

9:31

about his life, including details

9:33

of his work as a counterintelligence

9:35

agent. agent. They They mentioned

9:37

one of his fellow agents by name. whom

9:39

Craig Craig had worked with years

9:41

earlier. called him They also called

9:43

him by his middle name, right right from the

9:45

start. Most people would people would probably assume

9:47

he went by his first name Richard,

9:49

although that was not the case. the case. When

9:52

he he asked them who they were. Ken told him

9:54

told him they were from the agency. didn't clearly

9:57

didn't clearly state he meant the Central

9:59

Intelligence Agency. but that was the

10:01

implication as far as Craig was

10:03

concerned. They also did not present

10:05

to him any identification, not at

10:08

the first meeting or at any

10:10

future meetings. That certainly seems suspicious

10:12

at first glance, but Craig reasoned

10:14

that any ID they produced would

10:17

likely be fake anyway, so for

10:19

him, the presence or absence of

10:21

photo identification was essentially meaningless. It's

10:23

also incredibly unlikely that their real

10:26

names were Ken White and Danny

10:28

Ashita, of course. Craig recognized what

10:30

was happening immediately because of his

10:32

own training and experience with double

10:35

agent operations. They were trying to

10:37

get a feel for whether he

10:39

would make for a capable agent

10:41

himself. His background certainly indicated as

10:44

much, but he also had to

10:46

be willing and able to carry

10:48

out any assignments they gave him.

10:50

Craig was very cautious at first,

10:53

but... willingly signed a secrecy agreement

10:55

they presented to him at that

10:57

initial meeting. After that, they asked

10:59

him to carry a letter from

11:02

Tokyo back to the U.S. for

11:04

them as a courier. Craig agreed

11:06

and was given some specific instructions.

11:08

After arriving back in Los Angeles,

11:10

he was to open the letter

11:13

and retype it himself using his

11:15

own wording without changing the essential

11:17

meaning of the message. The letter

11:19

was an anonymous offer to the

11:22

Soviet consulate in San Francisco, offering

11:24

information on robotics and other technology.

11:26

If they were interested, the Soviets

11:28

could respond by placing a specifically

11:31

worded ad in the classified section

11:33

of a local newspaper. Craig did

11:35

that several times over the course

11:37

of 1981. On his frequent trips,

11:40

he'd meet with Ken and Danny,

11:42

receive an envelope. and take it

11:44

back to the US with him.

11:46

He was never offered any money

11:49

and he didn't ask for any

11:51

either. He saw it as his

11:53

patriotic duty to assist his government.

11:55

One year after the first meeting...

11:58

Ken and Danny asked for something

12:00

new. They told him that the

12:02

Soviet consulate had never responded to

12:04

the anonymous letter. It's possible that

12:07

they correctly saw it as a

12:09

trap and therefore took no action.

12:11

So Ken and Danny wanted to

12:13

try a more direct approach. They

12:15

wanted Craig to contact the Soviet

12:18

embassy in Tokyo in person. If

12:20

you went along with this, it

12:22

wouldn't be possible to remain anonymous

12:24

anymore. and he'd be putting himself

12:27

at risk. Craig knew that as

12:29

well as they did because that

12:31

was exactly the type of operation

12:33

he'd personally run during his time

12:36

with the army. After they discussed

12:38

the plan in detail and made

12:40

a few changes based on Craig's

12:42

recommendations, he agreed to go forward.

12:45

On November 5th, 1982, Craig called

12:47

the Soviet Tass News Agency, Office

12:49

in Tokyo from a Payphone, offering

12:51

the same sensitive information on robotics

12:54

that had been offered in the

12:56

anonymous letters. Tass normally had an

12:58

undercover KGB officer on staff, so

13:00

Craig and the men from the

13:03

agency knew this was a good

13:05

way to get in touch with

13:07

them. The task staffer on the

13:09

phone said they didn't handle that

13:12

kind of information, so he should

13:14

call the Soviet embassy instead. That's

13:16

exactly what Craig had expected. So

13:18

after waiting 20 minutes for tasks

13:20

to alert the embassy on his

13:23

behalf, he called himself and spoke

13:25

to someone who soon invited him

13:27

to the embassy's commercial compound. Once

13:29

Craig arrived, he spoke to a

13:32

man. He later found out was

13:34

KGB officer Victor Okunev. Craig did

13:36

not identify himself by name, and

13:38

he left his identification behind just

13:41

in case. He simply told Victor

13:43

that he was a former intelligence

13:45

officer. who had recently been diagnosed

13:47

with terminal cancer. He needed money

13:50

in order to set his family

13:52

up financially after his passing, which

13:54

might be very soon. So he

13:56

was... to to sell

13:59

information in exchange

14:01

for $25 ,000. The

14:03

first meeting is The first meeting

14:05

is very much about feeling each other

14:07

out. Victor to reach told Victor

14:09

to reach him at a certain hotel

14:11

the next day. to talk more. to talk

14:13

more. Victor took the Victor

14:16

took the initial bait. called on he

14:18

called on Craig using the false name he'd

14:20

given him. him and they met a second

14:22

time at the at the embassy. That That

14:24

meeting went even better. and Craig

14:26

provided some of the information he

14:28

was authorized to give. to in

14:30

order to build confidence with the KGB. with

14:33

the In return, they gave him $5 ,000

14:35

in cash. in cash arranged

14:37

another meeting for February 1983 about three

14:39

about three months in the

14:41

future. After the first the

14:43

first two meetings. Craig Craig didn't report to

14:45

Ken and Danny right away. right away.

14:47

Instead, he he flew back home. and called

14:49

a a phone number in Honolulu,

14:51

Hawaii. Hawaii, where he could leave a

14:53

vaguely worded message for Ken. Ken. without

14:56

arousing suspicion. This This

14:58

Honolulu phone number later turned out

15:00

to be a major element. element his espionage

15:02

the road, as I will mention.

15:04

as I will mention. One of the

15:06

ultimate goals of this whole operation.

15:09

was to to identify a

15:11

KGB officer working at the

15:13

Soviet consulate San Francisco. Francisco.

15:15

So Craig So Craig needed to arrange

15:17

to meet with someone inside the

15:19

U .S. of course was course was

15:21

much more accessible for him. than then

15:23

flying to Tokyo all the time. time. However,

15:26

that that didn't seem to work out. out. KGB

15:28

was was only willing to meet with

15:30

him in Tokyo. Tokyo, not anywhere near

15:32

their in San Francisco. San Francisco.

15:34

So in So in February,

15:37

he flew back across the Pacific

15:39

again. Before going, he Before going, he

15:41

and over had gone over information.

15:43

could be used that could be used

15:45

to bait the Soviets. selected a They had

15:47

selected a number of files on

15:49

double agent operations. could be which could

15:51

be disclosed had they had ended for one

15:54

reason or another. another. and which the the

15:56

Soviets already knew about. about, and thus would would

15:58

not put the agent in any danger. Between

16:01

the two of them, they'd whittled

16:03

it down from 12 operations to

16:05

8, which Craig would be able

16:07

to divulge as necessary in order

16:09

to build trust. At the end

16:11

of this meeting, which was his

16:14

third, with Victor Okunov, he was

16:16

paid $6,000, bringing his total to

16:18

$11,000. Victor also told him that,

16:20

although there wouldn't be able to

16:22

meet in San Francisco at any

16:24

point, they might be able to

16:26

schedule a meeting in Vienna Austria

16:28

sometime soon. This was a huge

16:31

development because Vienna was one of

16:33

the Soviets' best traditional meeting sites

16:35

going back decades, and it seemed

16:37

to indicate they were putting a

16:39

lot more trust in him as

16:41

an agent after just three meetings.

16:43

Craig thought this might be the

16:45

entry point into a relationship which

16:48

could potentially reveal a lot more

16:50

of the scope of the KGB's

16:52

foreign intelligence activities. So he was

16:54

very excited to report that back

16:56

to Ken and Danny as soon

16:58

as possible. Craig flew back

17:01

to Salt Lake City and reached

17:03

out to Ken via the Honolulu

17:05

phone number. A few days later,

17:07

he traveled to Hawaii to meet

17:09

with Ken, but someone he hadn't

17:11

seen before met him at a

17:13

park in the city. This man

17:16

identified himself as Dan, but was

17:18

not Danny Ishita. Dan handed Craig

17:20

a card from CMI investments, which

17:22

matched the one he'd been given

17:24

by Ken a year before. So

17:26

Craig knew they were working together.

17:29

But then Dan told him that

17:31

Ken wasn't able to meet, but

17:33

they'd be in touch. Craig left

17:35

Hawaii having accomplished nothing. Over the

17:37

next few weeks, he kept trying

17:39

to reach Ken, but only ever

17:42

talked to him one more time

17:44

on the phone. They never saw

17:46

each other in person again. Craig

17:48

was very confused as to what

17:50

was going on at the time,

17:52

but unbeknownst to him, big things

17:54

were happening in Honolulu. that were

17:57

causing chaos for agency operations in

17:59

the Pacific. An an

18:01

investment firm called Bishop,

18:03

Baldwin, Rewald, Dillingham,

18:05

and Wong. was was headquartered

18:07

on the 26th floor

18:09

of the Center in

18:11

Honolulu. That building That building is

18:13

now called Pacific Tower. Tower and

18:16

is located just off off

18:18

Boulevard. Boulevard. The The

18:20

firm handled some investments but

18:22

also served as a

18:24

CIA proprietary office. office. In fact,

18:26

In fact, there was no

18:28

one there named Bishop. Baldwin or Dillingham.

18:30

The firm firm was run by

18:32

Ronald Wewald and Sunlin Wong, and in

18:35

the summer of in the summer

18:37

of 1983 it was imploding. had been

18:39

running his own had been running his

18:41

own Ponzi scheme through the firm. his

18:44

defrauding his recent investors.

18:46

out their by paying out their

18:48

deposits directly. early to early investors

18:50

and skimming off some for himself. He

18:52

was living was living the but but

18:54

that sort of scheme always has

18:56

an expiration date. date. and And that time

18:58

had come. come. The firm The firm was

19:00

under investigation by the Securities and Exchange

19:02

Commission. and Exchange Commission. I

19:05

may end up doing an entirely separate

19:07

episode on Rewald and his and his firm there

19:09

was a lot going on there that

19:11

had nothing to do with to do with

19:13

Craig. but the short version of that

19:15

story for now for now that the

19:17

SEC investigation. plus attention

19:19

by journalists meant that all

19:21

operations run through Rewal's office to

19:24

a halt. a halt. And And that's

19:26

why Craig was suddenly unable to get

19:28

hold of Ken to get anyone else. or just

19:30

as things were really taking off

19:32

with really taking off with Victor in the

19:34

in June June 1983, after several months

19:37

of no contact with or

19:39

or anyone else at the

19:41

CIA. Craig felt Craig felt like he

19:43

couldn't wait any longer. to keep the keep

19:45

the momentum going with with Victor. So

19:47

he he called Paul Shields

19:49

an FBI counterintelligence agent. who

19:52

who was also a former bishop in his

19:54

church. his church. He asked Shields to put

19:56

him in touch with CIA's office

19:58

in San Francisco. Craig

20:01

called their office and spoke

20:03

to someone he later identified

20:05

as Charles Richardson He explained

20:07

that he'd been working with

20:09

Ken White, but could no

20:11

longer reach him Richardson told

20:13

him to keep his mouth

20:15

shut about the entire operation

20:17

and not to share anything

20:19

whatsoever with the FBI Then

20:21

he sent over another agency

20:23

employee to verify Craig's identity

20:25

in person about one month

20:27

later Craig was visited for

20:29

the first time by FBI

20:32

agents. Apparently because of the

20:34

information he'd shared over the

20:36

phone with Paul Shields. When

20:38

he spoke to Paul, he'd

20:40

only told him that he

20:42

needed to speak to someone

20:44

at CIA because it involved,

20:46

quote, contact overseas, unquote. Craig

20:48

knew that Paul would understand

20:50

that meant he'd been in

20:52

touch with a foreign intelligence

20:54

agency in some capacity. So

20:56

it looked like Paul knew

20:58

that regardless of his personal

21:00

relationship with Craig, he could

21:02

not just let something like

21:04

that go without the FBI

21:06

looking into it, which makes

21:08

sense. Craig voluntarily shared some

21:10

information with the FBI agents

21:13

about his activities at this

21:15

first meeting, but did not

21:17

disclose everything and continually directed

21:19

them to talk to the

21:21

CIA. He realized that had

21:23

been a mistake, but by

21:25

then it was too late.

21:27

And it also plausibly looked

21:29

like a fictitious story to

21:31

cover up espionage activities, of

21:33

course. Over the course of

21:35

eight months, beginning in July

21:37

1983, Craig was interviewed by

21:39

the FBI over a dozen

21:41

times and submitted to multiple

21:43

polygraph examinations. He passed the

21:45

poly exams repeatedly. But he

21:47

continued to withhold the details

21:49

of his work with the

21:51

CIA. He just reiterated that

21:54

there had been contact with

21:56

a KGB officer at the

21:58

Soviet Embassy in total. and

22:00

that he and that he had received money from

22:02

them. them, but that no unauthorized

22:04

information had been passed along. along.

22:06

And the and the FBI needed to

22:08

contact CIA to learn the rest of

22:11

the story. story. Craig became became

22:13

increasingly worried he was going

22:15

to be arrested. arrested, and turns out he

22:17

was right. he was right. In early early April

22:19

he was he was arrested. at Dulles

22:21

Airport in Virginia after flying in to

22:23

meet with FBI agents one

22:25

more time. more time. He He spent

22:27

the next five weeks in jail. jail. until

22:30

his family was able to come

22:32

up with the up ,000 bond to have

22:34

him freed until his trial. trial.

22:36

During his time in jail, he

22:39

was able to meet frequently

22:41

with two attorneys and they even

22:43

had some and in building his

22:45

defense from a very unexpected

22:47

source. unexpected source. Sherry Skidmore was

22:50

a renowned forensic psychologist

22:52

from UCLA. UCLA who who flew to

22:54

Virginia. for days to meet with

22:56

Craig. Craig. Afterwards,

22:58

she she suggested he talk with

23:00

one of her colleagues from the

23:02

US CLA Department of Psychology, one who

23:05

who had some experience with Soviet

23:07

intelligence operations. operations.

23:09

colleague was Dr. Nikolai

23:11

Kolklov, a a famous defector who you

23:13

might remember. from 45

23:15

of this podcast. He also interviewed

23:18

also interviewed Craig and concluded that

23:20

he was telling the truth about

23:22

his relationship with the CIA. Preparing

23:25

for Craig's trial took nearly

23:27

two years, including lots of

23:29

pretrial litigation. One major point

23:31

of one major point of contention.

23:34

was whether he that time was

23:36

whether he could present classified information

23:38

as part of his defense. is an issue

23:40

that has is an issue that has

23:42

come up in a lot of in the trials

23:44

in the past. reason, there For that

23:46

reason, there is something called the

23:48

Classified Information Procedures Act. Act concerning

23:50

the use relevance, or

23:52

admissibility. of classified information

23:54

sought to be used at trial. trial. Craig's

23:57

lawyers had uncovered evidence that

23:59

hide CIA to Ronald Rewalt's firm

24:02

in Honolulu as a way

24:04

of proving that he'd really

24:06

been working on their behalf.

24:08

But because Rewalt himself had

24:10

undergone a trial just before

24:12

Craig had, a lot of

24:14

documents regarding his firm were

24:17

classified and were thus unavailable.

24:19

Fortunately for Craig, the presiding

24:21

judge determined that certain information

24:23

constituted a valid part of

24:25

his defense and was therefore

24:27

admissible. I found something really

24:29

interesting when I looked up

24:31

the judge's opinion memorandum. Very

24:33

few of the trial documents

24:35

are available online, but I'm

24:38

going to read a portion

24:40

of that memorandum here. Quote,

24:42

the court also notes that

24:44

there is independent evidence tending

24:46

to corroborate Smith's story. Unquote.

24:48

Ben in brackets says, remainder

24:50

of paragraph deleted due to

24:52

classified information. paragraph deleted due

24:54

to classified information. And then,

24:56

quote, viewing all of this

24:59

evidence in the light most

25:01

favorable to Smith, a reasonable

25:03

juror could draw inferences that

25:05

would corroborate his story, unquote.

25:07

This is right in the

25:09

middle of a very long

25:11

opinion memorandum. Two entire paragraphs

25:13

and most of a third

25:15

were redacted from the published

25:17

unclassified opinion memorandum. But the

25:19

context before and afterwards indicates

25:22

there was something very provocative,

25:24

but still classified in the

25:26

evidence that appeared to validate

25:28

Craig's defense that he was

25:30

acting at the behest of

25:32

the CIA. Like I said,

25:34

most of the court documents

25:36

related to Craig's trial are

25:38

not available online, so there

25:40

is not much else to

25:43

go on. However, many espionage

25:45

cases never even go to

25:47

trial, because the defendants plead

25:49

guilty to lesser charges, so...

25:51

purely from a historical research

25:53

perspective, we're lucky to have

25:55

anything from the trial at

25:57

all in my opinion. The

26:00

The turning point in Craig's trial seemed

26:02

to come when Charles Richardson was

26:04

called to testify. was called to Charles was

26:06

the man Craig had spoken to over

26:08

the phone in San Francisco. the phone in

26:10

San He acknowledged He oath that

26:13

he had business cards

26:15

for business cards for CMI that the

26:17

number on the card rang in

26:19

the card in Honolulu. office in and

26:21

that he'd spoken to Craig on

26:23

the phone once. Craig on the phone once.

26:25

Craig and his wife Susan took

26:27

the stand. in in his defense. and

26:30

their their testimony, combined with

26:32

with appeared to have convinced

26:34

the jury of his innocence. the jury of his

26:36

at the end of the fourth day of the trial. of the fourth

26:38

day only had to deliberate for

26:41

a little over five hours over coming

26:43

back with a verdict of not

26:45

guilty. of not guilty. The

26:47

was a major upset

26:49

and incredibly unusual for for

26:51

trials. Smith was

26:53

the first defendant to be found

26:55

not guilty since 1975. since 1975.

26:58

In In that 11 -year period,

27:00

47 other defendants had all

27:02

been found guilty. guilty. And between

27:04

between 1975 and 2008,

27:08

out of 129 espionage

27:10

cases. of tracked by

27:12

the U .S. Department of Defense Human

27:14

Resources Craig's is the is the only

27:16

one where the defendant was acquitted. Following

27:19

the trial. Craig had to build a

27:21

new life for himself. for himself. His

27:24

trial defense had cost

27:26

him nearly ,000. $200,000. but but

27:28

his support from his family and

27:30

friends never wavered. Later on in life, he

27:32

Later on in life, he worked as

27:34

a consultant for trial attorneys in Washington

27:36

and built a and built a strong reputation

27:38

based around his talent for trial preparation

27:40

and jury selection, which was very hard -earned,

27:43

as I'm sure that you can imagine.

27:45

sure that you can Craig passed

27:47

away in October 2022 from an an

27:49

aggressive form of cancer. really wish

27:51

that I really wish that I had the

27:53

chance to interview him about this entire

27:55

ordeal, honestly. honestly. A lot A

27:57

lot of what I've covered here comes from the

27:59

book the book Accused. by Norman R. Hamilton.

28:01

It tells the story of Craig's

28:03

life up until shortly after his

28:06

acquittal, but it is not an

28:08

entirely objective account. According to the

28:10

back cover, Norman spent hundreds of

28:13

hours working with Craig to write

28:15

and publish the book, and it

28:17

does not appear that he interviewed

28:19

anyone else for the book. So

28:22

it only tells one side of

28:24

the story. However, I was able

28:26

to corroborate some of the information

28:29

in the book. via other sources

28:31

as well. There are a couple

28:33

of missing pieces from this story

28:35

that stuck out to me. Almost

28:38

every story I cover here on

28:40

the podcast has missing pieces, of

28:42

course. That's just the nature of

28:45

this kind of history, unfortunately. For

28:47

one thing, Craig seemed to have

28:49

only one means of communicating with

28:51

Ken White by calling the phone

28:54

number for CMI investments, which actually

28:56

rang in Ronald Rewald's office in

28:58

Honolulu. But there are normally lots

29:01

of methods of communication between an

29:03

agent and their handler. Those often

29:05

follow the pace plan method, that

29:07

is, primary, alternate, contingency, and emergency.

29:10

Craig should have had at least

29:12

three other means of getting in

29:14

touch with Ken once things started

29:17

to go sideways. But he doesn't

29:19

mention any other methods in his

29:21

biography, and there are none mentioned

29:23

in the available court records either.

29:26

Another interesting aspect of this case

29:28

is that apparently it was only

29:31

Craig's previous operations that were used.

29:33

That makes sense in that Craig

29:35

would be able to speak knowledgeably

29:37

about them in detail since they

29:39

were his operations. But it's not

29:41

clear to me that the agency

29:43

was involved in any of those

29:46

when they were happening unless they

29:48

are always informed as part of

29:50

interagency cooperation, which doesn't seem likely.

29:52

When information is going to be

29:54

passed through a double agent to

29:56

an adversarial intelligence agency, That

29:59

material is very

30:01

carefully reviewed and approved.

30:03

by the by the organization.

30:05

That's to make sure it to make

30:07

sure it can't cause any

30:09

lasting harm to current operations in

30:12

put anyone in danger. have been Army

30:14

In this case, that would have

30:16

been Craig had been an Army had been an

30:18

Army agent agent and ran his

30:20

operations with them. That would mean would mean

30:22

the army was involved at some level. assuming

30:24

this was a legitimate operation. operation. But

30:27

but there's no mention of their involvement

30:29

anywhere which should have cleared things

30:31

up immediately. cleared things up So in my

30:33

mind, this is one aspect of the

30:35

case. of the case does make it seem possible

30:37

seem was working on his own. working

30:39

on than as part of a team. part of

30:41

a team. I also I also wonder how

30:44

Craig's relationship with Ken and

30:46

compared to to his own agent

30:48

handling experience. Once again,

30:50

Once again, it's not mentioned explicitly in

30:52

the book or in the available court

30:54

records, but how did Craig

30:56

treat his own double double agents? He

30:59

He ran about a dozen of them, apparently, if

31:01

not more. not more. And six of

31:03

of those operations are mentioned by name in

31:05

the book. because they because they came

31:07

out in court as well. Did he Did he

31:09

withhold as much info from his own

31:11

agents Ken and Ken and Danny withheld from him?

31:13

What kind of What kind of

31:15

interagency coordination did he do? that

31:18

to ensure that operations went smoothly. What

31:20

kind of what kind of influence did he

31:22

have to resolve problems for any

31:24

of his own agents? agents? For For example,

31:26

did he brief them on what to

31:28

do if they were caught with

31:30

sensitive materials, whether it was while they

31:32

were going through customs were by local

31:34

law enforcement or even by FBI or even

31:36

by FBI Did he intelligence? Did he or

31:38

U.S. ever have to intervene when

31:40

something went wrong as it

31:42

apparently did for him? it apparently did

31:45

for If not, not, they at least

31:47

have procedures in place for that possibility?

31:49

for that possibility? how did

31:51

he terminate operations in a way

31:53

that left the the safe and satisfied?

31:56

If so If so, that's the opposite of what

31:58

happened in his case. his case. What I'm

32:00

really getting at is whether there

32:02

were any red flags along the

32:04

way that Craig would have or

32:06

should have noticed. Knowing how things

32:08

played out in the end, I

32:11

can't help but feel like he

32:13

was very naive about what was

32:15

happening right up until his trial.

32:17

He continuously withheld information from the

32:19

FBI, even knowing he was under

32:21

investigation, and he had performed actions

32:23

that were blatant violations of the

32:25

espionage act. He seemed to expect

32:27

the CIA to ride to the

32:29

rescue even though he hadn't heard

32:31

from them for months, and they

32:34

never did. He was left to

32:36

fend for himself in court. Of

32:38

course, this is all assuming that

32:40

his version of the story is

32:42

accurate. It's possible that the entire

32:44

CIA angle was concocted by him

32:46

as a legal defense. But we

32:48

know for certain that based on

32:50

the available evidence he was found

32:52

not guilty during his trial, which

32:54

is incredibly rare when it comes

32:57

to espionage cases, as I've mentioned.

32:59

And we know that although some

33:01

of the evidence was and still

33:03

is classified, a judge who was

33:05

able to review it found it

33:07

compelling enough to point towards Craig's

33:09

legal defense. In the end, this

33:11

is a really unique espionage case

33:13

and makes for a great discussion.

33:15

It also leaves me wanting to

33:17

know more, but then again, that's

33:20

how I feel about almost every

33:22

story I've ever covered here. You

33:24

can find my article about this

33:26

case on my patron page and

33:28

see some photos, plus a list

33:30

of references. in case you want

33:32

to dig further into it like

33:34

I have. And as always, if

33:36

you're interested in more of Spicraft

33:38

101, look for my page on

33:40

Instagram at Spicraft 101. You can

33:43

also find more great articles on

33:45

my website, Spicraft 101.com. Thank you

33:47

all for listening, and I hope

33:49

you'll stick around, because there's lots

33:51

more to come. The

33:53

stories and statements expressed herein are experiences and

33:55

opinions. They may not reflect reflect

33:58

the views of the

34:00

host or the production studio.

34:03

studio. It's okay if you

34:05

you disagree with our content. content.

34:07

No of media is right

34:09

for everyone. everyone. If you loves

34:11

you 101, please please check us

34:13

out online, on on Instagram, on

34:16

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34:18

Patreon. Thank Thank you for listening.

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