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Court of law. we wanted to show positively that he was accessing national defense information via his access there at the state department and providing it to the cubans. it was essential to charging espionage. >> and the information we had suggested that kendall was working for cuba but we still did not have him providing national defense information to a foreign power. >> we were starting to get a little frustrated because while we were happy that we had the unsubof kendall myers, again we're not seeing any espionage indicators. what made everything worse was the fact that kendall myers subm...

And prove that case. we wanted to show positively that he was accessing national defense information via his access there at the state department and provideing it to the cubans. it was essential to charging espionage. >> and the information we had suggested that kendall was working for cuba but we still did not have him providing national defense information to a foreign power. >> we were starting to get a little frustrated because while we were happy that we the unsubor kendall meyers, we're not seeing any espionage indicators. what made everything worse was the fact that kendall meyers subm...

>> and that's what we had to try to do. and he did not do it. so he was not removing classified documents from his office and walking out of the building. we were all convinced it's him. but no counterintelligence, no espionage indicators. >> so kendall 's had had no activity, no contact. >> it appeared that they were no longer operational. they weren't continuing to provide the cubans with intelligence. that presented us with a problem of not being able to catch them in the act if they're not still active. it doesn't matter, what matters is that at one time or another they chose to betray the...

So he was not removing classified documents from his office and walking out of the building. we were all convinced it's him. but no counterintelligence, no espionage indicators. >> so kendall's had no activity, no contact. >> it appeared that they were no longer operational. they weren't continuing to provide the cubans with intelligence. that presented us with a problem of not being able to catch them in the act if they're not still active. it doesn't matter, what matters is that at one time or another they chose to betray their country and we're going to identify them and prosecute them if w...