The Government’s Dismissal of Count One and the Unchallenged CIA Contractor Record.

Mr. Simmons never retracted his claim that he had worked as a CIA contractor. During his sentencing allocution, he continued to maintain that assertion, and neither the Assistant United States Attorney (AUSA) nor the sentencing court challenged or questioned him regarding it.

On April 29, 2016, the AUSA dismissed Count One of the indictment against Mr. Simmons, which alleged that he had made false statements on his SF-86 security-clearance application. The dismissal established that the government would no longer pursue the allegation that the statements underlying Count One were criminally false.

Significantly, Mr. Simmons had identified his CIA contractor employment on the SF-86 he submitted in connection with his application for a Top Secret/Sensitive Compartmented Information (TS/SCI) clearance. Accordingly, the dismissal of Count One—together with the government’s failure to challenge his CIA contractor claim during sentencing—provides substantial support for Mr. Simmons’s longstanding assertion that he had, in fact, worked as a CIA contractor.

Despite the significance of these developments in open court, they were never meaningfully reported by the mainstream press.