A federal judge in California has thrown out the criminal charges against Republican activist and fundraiser Katrina Leung, accused of being a double agent for the U.S. and China.

District Judge Florence Marie Cooper dismissed the case for prosecutorial misconduct, finding that the government had purposely made sure that Katrina Leung, a socialite with extensive China contacts, would not have access to her former lover, James J. Smith, for information regarding her case.

Smith, Leung's FBI "handler" for many years, has pleaded guilty to a single count of making a false statement about the affair and agreed to cooperate with the government. He had been accused of mishandling classified material and allowing it to fall into Leung's hands.

Leung, of the Los Angeles suburb of San Marino, allegedly took the documents from his briefcase. She was not accused of transmitting them to China.

The Judge found the Government engaged in a "pattern of stonewalling entirely unbecoming to a prosecuting agency." Congratulations to Janet Levine and John Vandevelde, who did an outstanding job representing Ms. Leung.

Background on the case is here and here.