June 4, 1999
Web posted at: 6:51 p.m. EDT (2251 GMT)

From CNN Producer Terry Frieden

ALEXANDRIA, Virginia (CNN) -- The attorney for an Australian accused of trying to sell U.S. military secrets indicated Friday that defendant Jean-Philippe Wispelaere may launch a vigorous challenge to the espionage charges because some of the information is "available commercially."

At a federal court hearing in Alexandria, Virginia, attorney Nina Ginsberg told the judge she doubts the government has evidence to meet the required elements of the attempted espionage statute.

Wispelaere was arrested in an FBI sting operation last month when he arrived in the United States to allegedly sell highly classified information to an undercover agent. Prosecutors claim the former Australian intelligence analyst made $120,000 selling classified documents to the agent, who was posing as a spy for an unnamed country.

The court granted a defense request to delay the trial date from September 13th to October 4th.

"Some -- if not much -- of this information is available commercially," Ginsberg told U.S. District Court Judge Leonie Brinkema.

"There are questions relating to any advantage to a foreign government or harm to the U.S.," the attorney said.

Because of the highly sensitive nature of the hundreds of pages of U.S. documents allegedly sold to undercover agents, defense attorneys were given time to receive government clearances allowing access to "top secret" material, and an even more highly classified category called "codeword" documents.

"We estimate less than 25 percent of the material requires codeword clearance," government prosecutor Rob Spencer told the court.

Brinkema ordered Wispelaere's lawyers to file pre-trial motions by June 28, and scheduled a hearing on the issues July 16.

"If this case does go to trial -- and it may not -- it will probably take more than three or four days," Ginsberg told the court.

Wispelaere spoke for the first time in what was his third court appearance. Dressed in a green prison jumpsuit, the 28-year old Melbourne resident told the judge he agreed to waive his right to a trial within 70 days.

"Your honor, I understand, I have no objection," Wispelaere said.

Wispelaere gained access to U.S. secrets while working for the Australian Defense Intelligence Organization in Canberra last year. He abruptly resigned on January 12, and allegedly walked into an unidentified embassy in Bangkok, Thailand, six days later and offered to sell U.S. military secrets. The embassy reportedly tipped off U.S. intelligence officials, and the FBI launched a sting operation.

Officials have refused to disclose the identity of the nation to which Wispelaere allegedly attempted to sell the documents. Authorities said the Montreal native carries Canadian, French, and Australian passports.