In April of 1979, Deputy Assistant Attorney General Robert Keuch recommended in writing that Bryen, then a staff member of the Senate Foreign Relations Committee, undergo a grand jury hearing to establish the basis for a prosecution for espionage. John Davitt, then Chief of the Justice Department's Internal Security Division, concurred.
The evidence was strong. Bryen had been overheard in the Madison Hotel Coffee Shop, offering classified documents to an official of the Israeli Embassy in the presence of the director of AIPAC, the American-Israel Public Affairs Committee. It was later determined that the Embassy official was Zvi Rafiah, the Mossad station chief in Washington. Bryen refused to be polygraphed by the FBI on the purpose and details of the meeting; whereas the person who had witnessed it agreed to be polygraphed and passed the test.
- Serving Two Flags: Neo-Cons, Israel and the Bush Administration, by Stephen Green, Counterpunch, 28/29 February 2004.