Attorney in Foggo Case Seeks to “Opt Out” of Security Clearance
A defense attorney in the prosecution of former CIA executive director Kyle “Dusty” Foggo and contractor Brent Wilkes on bribery charges has refused to undergo a background investigation or submit to other procedures required in order to obtain a security clearance for access to classified information.
Defense counsel should not be required “to undergo any kind of a process by which my adversary in an adversarial system is going to determine whether or not I can represent my client,” argued celebrity attorney Mark Geragos, who represents Brent Wilkes.
Instead, he indicated, the government should simply provide the defense with all exculpatory material.
But it doesn’t work that way, government attorneys said. In a June 8 pleading (pdf), they asked the court to require imposition of a security clearance, administered by a judicial branch official if necessary, or to take other steps to safeguard up to 15,000 pages of classified discovery materials.
The unusual dispute was first reported by Justin Rood in “Attorney Geragos Accused of Subtle Extortion,” ABC News’ The Blotter, June 11.
When a hurricane hits, it’s all hands on deck – that goes for federal data, too. Pulling back from our investments in timely, accurate, and accessible public data will only make us less prepared and put us all at greater risk.
This is bigger than a singular elimination of race and ethnicity questions. It could accelerate the second wave of widespread reductions to demographic data, leaving public health officials with even less information to deliver better health outcomes for all Americans.
Soft law was never meant to be a permanent solution. Treating it as one, and letting the sandcastle stand in for the skyscraper indefinitely, is how we end up with a decade of voluntary commitments and no enforceable accountability to show for it.
FAS has partnered with ICLEI USA to launch the CRI Local Advisory Council.