The FBI is looking at whether Aragoncillo, a former Marine, took classified information about the Philippines from the White House when he worked for Vice Presidents Al Gore and Cheney from 1999 to 2002. The type of information has not been disclosed. Though Aragoncillo had top-secret clearance, that status would not have made him privy to highly sensitive intelligence.
Aragoncillo, a US citizen originally from the Philippines, was charged last month with providing classified information from his FBI posting at Fort Monmouth, New Jersey, to former and current Philippine officials who oppose PresidentArroyo. Justice Secretary Raul Gonzalez said the criminal complaint against Aragoncillo suggests the information could have been intended to destabilize the Philippine government.
Michael Ray Aquino, a former police senior superintendent who acted as Aragoncillo’s alleged go-between, was indicted by a Newark, New Jersey federal grand jury Thursday on charges of conspiracy and acting as an unregistered foreign agent. Aragoncillo, 46, of Woodbury, New Jersey, and Aquino, 39, living in Queens, New York, have been jailed since their arrests last month.
Federal prosecutors in Newark did not seek an indictment against Aragoncillo because he is negotiating a plea, court records show. Aquino lawyer Mark A. Berman said his client rejected a plea deal. "There’s a fundamental difference between Aragoncillo and Aquino," Berman said. "Aquino is not an FBI agent and had no reason to know that the information the government laid out in the indictment was classified."
While the criminal complaint is limited to Aragoncillo’s time at Fort Monmouth, the investigation has widened to include his stint, while a Marine, in the vice president’s office. Agents examined computers and interviewed current and former vice presidential aides Thursday, according to a law enforcement official who spoke on condition of anonymity because the investigation is ongoing.
FBI spokesman Rich Kolko would not confirm details of the investigation, but he said, "In the course of a logical investigation, the FBI will research the subject’s entire career for whenever he had access to classified or sensitive information to see whether any illegal or improper activity took place."
A Philippine opposition senator has acknowledged receiving information from Aquino. Sen. Panfilo Lacson, a former national police chief under whom Aquino served, said he and "many others" received information passed by Aquino, but he played down the value of the reports, describing them as "shallow information."
White House and Justice Department officials declined to comment on the investigation. Democratic Rep. Adam Schiff of California, a former federal prosecutor who handled an FBI spy case, said the Aragoncillo case raises questions about easy access to classified materials and how long the naturalized US citizen was able to pass on sensitive information before he was stopped.
"If the complaint is accurate, there is a wealth of evidence which makes it all the more surprising he went undiscovered as long as he did, because it was not a very sophisticated operation," Schiff said.
Aragoncillo was hired to work at Fort Monmouth in July 2004 and began sending classified information and documents in January, often via e-mail, according to an FBI complaint made public last month. The documents’ contents have not been made public.
From May to Aug. 15 of this year, he printed or downloaded 101 classified documents relating to the Philippines, of which 37 were classified "secret," according to the criminal complaint.
He sent some of the material to Aquino, the complaint said.
Aragoncillo’s public defender, Chester M. Keller, declined to say if his client was cooperating with investigators. "It’s just too sensitive right now," Keller said.