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The War Profiteers - War Crimes,
Kidnappings, Torture and Big Money |
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March 6th,
2007 - Judge Limits Defense Access to State Secrets in Foggo Case |
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Judge Limits Defense Access
to State Secrets in Foggo Case By Allison Hoffman Associated Press March 6, 2007 San Diego – Defense
attorneys representing a former top CIA official will only have limited
access to classified evidence and will be subject to stringent disclosure
rules under an order issued by the federal judge overseeing the case. Kyle “Dusty” Foggo, the spy
agency's No. 3 executive until his resignation last May, was charged last
month with using his previous position as a logistics officer to direct $1.7
million in secret supply deals to his best friend, San Diego defense
contractor Brent Wilkes. According to a federal indictment, Wilkes
reciprocated by paying for lavish trips to Scotland and Hawaii and promised
Foggo a job. The pair, both 52, face 11
counts of fraud, conspiracy and money laundering – crimes punishable by up to
20 years in prison. The two men pleaded not guilty to the charges and are
free on bail. Prosecutors have said in
court that they expect secret information to play a key role in a trial. U.S. District Court Judge
Larry Burns granted an order Monday requiring defense attorneys to obtain
security clearances and restricting access to or discussion of classified
evidence to secure workrooms to be established in federal government
buildings or courthouses. The defense will also be
required to seek court permission before disclosing classified information. The order was granted “to
protect the national security and prevent the unauthorized disclosure or
dissemination of classified national security information and documents.” Prosecutors last week
requested a much broader blanket order that would require the defense to give
prosecutors specific details about classified information they planned to
introduce in open court. In court filings, they raised the prospect that the
defense may try to “graymail” the government – a process by which defendants
threaten to disclose state secrets during trial in order to push the
government into dropping charges rather than risk security breaches or
political embarrassment. Burns said in his order that
he may extend or revise his order as the case proceeds. Attorneys for Foggo and
Wilkes did not immediately return messages left seeking comment. The charges against them
stemmed from a 20-month investigation into a bribery scandal that has already
sent former U.S. Rep. Randy “Duke” Cunningham to prison. Wilkes is charged in a
separate indictment with 25 counts of conspiracy, bribery, money laundering
and making unlawful monetary transactions of more than $700,000 to
Cunningham. He insists he is innocent. Cunningham pleaded guilty in
November 2005 to taking more than $2.4 million in bribes from defense
contractors and was sentenced to more than eight years in prison. External link: http://tinyurl.com/2vta79 |