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Wilkes, Foggo Prosecutors Wary of "Gray Mail"
From The San Diego Union-Tribune:
Prosecutors in the corruption case against Poway defense contractor Brent Wilkes and former CIA official Kyle “Dusty” Foggo asked a judge yesterday to limit dissemination of intelligence secrets that, if made public at trial, could damage national security...Prosecutors noted that they were concerned about “the specter of gray mail,” a defendant's practice of trying to derail his prosecution by threatening to disclose classified information in court.
To keep that from happening, Congress enacted the Classified Information Procedures Act in 1980. Under CIPA, the two sides argue before a judge in secret on whether the information is needed for a full defense. If a judge, in this case U.S. District Judge Larry Burns, decides that the defendant is entitled to the information, the government has to decide whether to risk disclosure and proceed, or drop the prosecution....
In the Foggo case, after a joint request by the prosecution and defense, Burns appointed court security officers as custodians of classified information.

Comments (19)
tekel wrote on March 2, 2007 3:15 PM:What about the DC hooker service phone records? Foggo wants to greymail the prosecution? How about the prosecution outs half the GOP congress for hookers and blow?
It's time to take the gloves off, folks. Hit them until they fall down, and then kick them until they die. And then burn the bodies and scatter the ashes in the sun, just to be sure.
bob wrote on March 2, 2007 3:49 PM:It seems the dems in congress are just a bunch of half-wit pansies when it comes to playing hardball. After twelve years of being bent over a rail they still think playing it safe is the way to go.
steven jenkins wrote on March 3, 2007 11:11 AM:I am a former NGIC employee/whistleblower. I created the FIRES program that ADCS worked on. To my knowledge, Mr. Wilkes never had a security clearance. If he (Wilkes) does not have a clearance then what "gray mail" did he have access to??? If he had access to classified info without having a clearance then someone needs to explain some serious security violations.
Keep up the good work...
JEP (John Edward Patterson) wrote on March 19, 2007 10:21 PM:They're quoting your work at TPM over at Think Progress, and they're working on a story that just plain boggles the mind!
http://thinkprogress.org/2007/03/19/carol-lam-white-house
"To recap, the White House awarded a one-month, $140,000 contract to an individual who never held a federal contract. Two weeks after he got paid, that same contractor used a cashier’s check for exactly that amount to buy a boat for a now-imprisoned congressman at a price that the congressman had pre-negotiated."
L. Breshears wrote on April 6, 2007 12:01 PM:I'm going to say this a few more times so that others will start to catch on.
When I was at the San Diego Federal Court house last night after paying my taxes I stopped by to look at the Foggo and Brent Wilkes court case.
I might not be the best written person in the world, but I can read.
When Brent Wilkes was fingerprinted he told the Federal authorities that he had "lost his passport".
I am more than just "a bit" upset!
Brent Wilkes thinks we're all just a bunch of middle class idiots who pay our taxes so he can lie to the authorities about SERIOUS issues like, where his PASSPORT IS!
Am I the only person in America who is smart enough to worry that this man has a Passport floating around (maybe Afghanistan?) he can't or WON'T account for.
It's a $10,000 fine to steal a passport the last time I looked into the matter.
BRENT WILKES WHERE REALLY IS YOUR PASSPORT???
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