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.
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The FAS Nuclear Notebook is one of the most widely sourced reference materials worldwide for reliable information about the status of nuclear weapons and has been published in the Bulletin of the Atomic Scientists since 1987. The Nuclear Notebook is researched and written by the staff of the Federation of American Scientists’ Nuclear Information Project: Director Hans […]
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