wow...Foggo/Wilks Defense May Claim "Nat'l Security" Issues

[AnnInLa]

http://www.nctimes.com/articles/2007/02/25/news/sandiego/16_02_822_24_07.txt

Former CIA executive director's case may turn on classified documents

By: WILLIAM FINN BENNETT - Staff Writer

NORTH COUNTY ---- The handling of national secrets could play a role in the conspiracy case against the CIA's former executive director who is accused in a corruption scandal that allegedly involves a Poway defense contractor.

A prosecutor and a defense attorney for Kyle "Dusty" Foggo, the CIA's former No.3 man, have both said that they intend to use classified information in the case. National security concerns have already triggered a federal law called the Classified Information Procedures Act that is designed to protect state secrets and a defendant's right to a fair trial.

big snip

However, another attorney said recently that Foggo has so much top secret information in his head that it will make it difficult for defense counsel to fully question him should he take the stand.

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Duke University's Silliman said that dealing with the restrictions imposed by the federal security act is something attorneys "learn to deal with," and that he does not believe that appointing a court security officer or restricting the use of classified information impedes a defendant from receiving a fair trial.

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n the Foggo case, it remains to be seen whether the classified information is relevant to his defense, but if it is, "that is where the problem is going to arise," said Mario Conte, former executive director of Federal Defenders of San Diego Inc.

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"The defense can claim it's being denied the opportunity to provide exculpatory information if you stop the guy from testifying because of what he knows," Joshua Dratel, a New York criminal defense attorney who is not involved in the Foggo case, told The Associated Press.

much more at:

http://www.nctimes.com/articles/2007/02/25/news/sandiego/16_02_822_24_07.txt

[rodeodance]

1. now what page did he borrow that from???????

[Spazito]

2. The "greymail defense" raises it's ugly head yet again...

It failed in the Libby case, I hope it fails in this one as well.

Of Greymail, CIPA, Scooter and Fitz

http://firedoglake.blogspot.com/2006/02/of-greymail-cipa-scooter-and-fitz.html