Kiriakou's attorney, Plato Cacheris, said after his hearing that a potential defense argument could be that the charges criminalize conduct that has been common between reporters and government sources for decades. If convicted, Kiriakou could face decades in prison and a fine up to $1 million.

Prosecutors started their investigation after defense attorneys for suspected terrorists filed a classified legal brief in 2009 that included details that had never been provided by the government. Authorities concluded that Kiriakou had leaked the information to reporters, and that reporters had provided the information to the defense.

The charges state that Kiriakou, who was an intelligence officer from 1990 to 2004, leaked information about the identity of another officer who interrogated Zubaydah.