Wilkes and Foggo, until recently the third highest-ranking CIA official, were indicted by a federal grand jury last month on fraud, conspiracy and money laundering charges stemming from the bribery investigation of jailed former Congressman Randy “Duke” Cunningham...
In yesterday's filing with the court, prosecutors asked for a hearing under the rarely used Classified Information Procedures Act, known as CIPA, to establish rules for the handling of evidence that is designated top secret. They also asked that all defense counsel be required to obtain security clearances.
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."
* booman has a 6 minute piece from Bill Hicks for your viewing pleasure.
* david swanson interviewed athenae about blogs & douglas feith. (30mins)