What was more interesting is that (Judge T.S. Ellis III) said he is expecting some kind of action from the government regarding Larry Franklin, a Pentagon analyst who pled guilty early on in the case.(h/t RP)
Ellis sentenced Franklin in 2006 to more than 12 years in prison for disclosing classified information to Rosen, Weissman and others. However, Franklin agreed to cooperate with the government and never reported to jail.
"It is further ordered that the government is directed to advise the Court, by 5:00 p.m., Thursday May 14, 2009, regarding when it contemplates filing an appropriate motion with respect to defendant Franklin," Ellis's new order says.
Lawyers involved in the case expected Franklin to seek a reduction in his sentence once the trial against Rosen and Weissman was complete. Now that the trial will never happen, it's an open question of how much of a sentence reduction Franklin will get. Presumably, it's not his fault the case was abandoned. In any event, Ellis will have to rule on any sentence reduction. The judge may have to make a hypothetical judgment about how much Franklin's testimony may have helped in a trial that will never take place.
As I asked last week, what happens to any of the other information he told the FBI since his guilty plea?