that information directly and indirectly to a person or persons not entitled to receive it, having reason to believe that said information could be used to the injury of the United States and to the advantage of any foreign nation, a violation of Title 18, United States Code, Section 793(e)." Failed conspiracy allegations The indictment stated: "It was part of the conspiracy that, in an effort to influence persons within and outside the United States government, Rosen and Weissman would cultivate relationships with Franklin and others and would use their contacts within the U.S. government and elsewhere to gather sensitive U.S. government information, including classified information relating to the national defense, for subsequent unlawful communication, delivery and transmission to persons not entitled to receive it. "It was further part of the conspiracy that Franklin would use his position as a desk officer in the Office of the Secretary of Defense to gather information relating to the national defense, for subsequent unlawful communication, delivery and transmission to Rosen and Weissman and others not entitled to receive it. "It was further part of the conspiracy that Franklin, Rosen and Weissman would meet at locations in the Eastern District of Virginia and elsewhere, to exchange information, including classified information relating to the national defense. "It was further part of the conspiracy that Franklin would unlawfully deliver, communicate and transmit classified national defense information in an effort to advance his own personal foreign policy agenda and influence persons within and outside the United States government. "It was further part of the conspiracy that Rosen and Weissman, without lawful authority, would communicate to persons not entitled to receive it, classified information relating to the national defense." Prosecutors drop charges On May 1, 2009 prosecutors announced they would ask the judge to dismiss the cases against Rosen and Weissman because of "the diminished likelihood the government will prevail at trial under the additional intent requirements imposed by the court and the inevitable disclosure of classified information that would occur at any trial." An appeals court had ruled that the defense could use classified information at trial and a lower-court judge had ruled that prosecutors had to show that the two men knew that the information they allegedly disclosed would harm the United States, which The Washington Post described as "a high burden for prosecutors". Weissman lawyer Baruch Weiss said that defense lawyers "were able to put