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.