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Context of 'May 9, 2007: Two British Men Found Guilty of Leaking Internal Security Memo'

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Nixon aide John Ehrlichman passes on the president’s recommendations to the heads of the “Plumbers,” Egil Krogh and David Young (see July 20, 1971), regarding “Pentagon Papers” leaker Daniel Ellsberg (see Late June-July 1971): “Tell Keogh he should do whatever he considers necessary to get to the bottom of this matter—to learn what Ellsberg’s motives and potential further harmful action might be.” Within days, Keogh and Young will give Ehrlichman a memo detailing the results of investigations into Ellsberg and a dozen of Ellsberg’s friends, family members, and colleagues. The memo also says that the CIA’s psychological profile of Ellsberg is “superficial.” Keogh and Young recommend a covert operation be undertaken to examine the medical files held by Ellsberg’s psychiatrist, Dr. Lewis Fielding (see September 9, 1971). Ehrlichman approves the idea, with the caveat, “If done under your assurance that it is not traceable.” They also suggest that MI5 (British intelligence) wiretaps on Soviet KGB personnel in England in 1952 and 1953, the years when Ellsberg attended Cambridge University, be examined for any mention of Ellsberg. Ehrlichman approves this also. [Reeves, 2001, pp. 352-353]

Entity Tags: David Young, Daniel Ellsberg, Richard M. Nixon, Lewis Fielding, John Ehrlichman, Egil Krogh

Timeline Tags: Nixon and Watergate

The clerks for the four liberal justices at the Supreme Court—John Paul Stevens, Stephen Breyer, David Souter, and Ruth Bader Ginsburg—continue their speculation as to whether the Court will actually attempt to decide the presidential election ((see November 20-21, 2000 and November 22-24, 2000), especially in light of Florida’s recent attempt to certify George W. Bush as the winner (see 7:30 p.m. November 26, 2000). At a November 29 dinner attended by clerks from several justices, a clerk for Justice Sandra Day O’Connor tells the group that O’Connor is determined to overturn the Florida Supreme Court’s decision to go ahead with manual recounts of election ballots (see 3:00 p.m., November 16, 2000). One clerk recalls the O’Connor clerk saying, “she thought the Florida court was trying to steal the election and that they had to stop it.” O’Connor has the reputation of deciding an issue on her “gut,” then finding legal justifications for supporting her decision. Unbeknownst to anyone outside the Court, O’Connor has already made up her mind. Gore lawyers in particular will spend endless hours trying to craft arguments to sway her vote, when the actual case will come down to Justice Anthony Kennedy, who originally wanted to accept the case. Many clerks of both liberal and conservative justices have little respect or regard for Kennedy. They consider him, according to a 2004 Vanity Fair article, “pompous and grandiloquent.” They believe he fills his office with elaborate, expensive decorations and trappings, including an elaborate chandelier, to give the idea of his power and importance. “The clerks saw his public persona—the very public way in which he boasted of often agonizing over decisions—as a kind of shtick, a very conspicuous attempt to exude fairness and appear moderate, even when he’d already made up his mind,” according to the Vanity Fair article. Conservative clerks suspect Kennedy of untoward liberal leanings, and have taken steps to ensure that the clerks he receives are ideologically sound. One liberal clerk later explains the conservative justices’ reasoning, saying, “The premise is that he can’t think by himself, and that he can be manipulated by someone in his second year of law school.” By now, Kennedy is surrounded by clerks from the hard-right Federalist Society. “He had four very conservative, Federalist Society white guys, and if you look at the portraits of law clerks on his wall, that’s true nine times out of 10,” another liberal law clerk will recall. “They were by far the least diverse group of clerks.” The conservative and liberal clerks do not socialize with one another as a rule, so it is unusual when, a day after the clerk dinner, Kevin Martin, a clerk for conservative justice Antonin Scalia, visits Stevens’s chambers. Martin went to Columbia Law School with Stevens’s clerk Anne Voigts, and he wants to see if he can explain to her the conservatives’ judicial point of view. However, two other Stevens clerks, Eduardo Penalver and Andrew Siegel, believe Martin is on some sort of reconnaissance mission, attempting to find out what grounds Stevens will cite to argue against overturning the Florida decision. Penalver and Siegel believe Martin is trying to manipulate Voigts, and Martin, after telling them to “F_ck off!” storms out of Stevens’s chambers. Clerks from O’Connor’s staff pay similar visits to other liberal justices, though these conversations do not end so contentiously. [Vanity Fair, 10/2004] O’Connor said to partygoers when the news networks announced the election for Al Gore, “This is terrible” (see After 7:50 p.m. November 7, 2000).

Entity Tags: Eduardo Penalver, Anthony Kennedy, Anne Voigts, Andrew Siegel, Albert Arnold (“Al”) Gore, Jr., David Souter, US Supreme Court, Vanity Fair, Sandra Day O’Connor, George W. Bush, Florida Supreme Court, Federalist Society, Antonin Scalia, Kevin Martin, John Paul Stevens, Ruth Bader Ginsburg, Stephen Breyer

Timeline Tags: 2000 Elections, Civil Liberties

Two British men are found guilty of leaking a secret memo about talks between President Bush and British Prime Minister Tony Blair. David Keogh, a communications officer at the Cabinet Office, is found guilty of two offenses under Britain’s Official Secrets Act, and Leo O’Connor, a researcher for then-member of parliament Anthony Clarke, is found guilty of one offense under the same law. [BBC, 5/9/2007] The memo recorded talks held in the Oval Office between Bush and Blair on April 16, 2004 about the Iraq occupation. Prosecutors claimed during the trial that publication of the document could cost British lives because it contained details about troop movements within Iraq. Few details of the “highly sensitive” memo have been disclosed. However it is known that during his talk with Blair, Bush suggested that allied forces bomb the offices of Arab television network Al Jazeera, a suggestion that many experts and observers have found, in the words of reporter Sarah Lyall, “shocking.” At the time, the White House dismissed reports suggesting this as “outlandish” and a Blair spokesman said, “I’m not aware of any suggestion of bombing any Al Jazeera television station.” [New York Times, 7/12/2006] The jury for the trial is instructed to remain quiet about what they have learned in the courtroom. Keogh originally passed a copy of the classified memo to O’Connor, who passed it along to his boss, Clarke, who is strongly against the war. After receiving the memo, Clarke called the police. O’Connor calls some of the statements in the four-page memo “embarrassing [and] outlandish,” and says he never intended to send copies of the memo to newspapers or other members of parliament. Keogh’s lawyer, Rex Tedd, tells the court that his client “acted out of conscience” and not for any political motivation. “No doubt, he did so misguidedly and he did so in a way which was likely to cause damage.” [BBC, 5/9/2007]

Entity Tags: Al Jazeera, Leo O’Connor, Anthony Clarke, Tony Blair, David Keogh, George W. Bush

Timeline Tags: Iraq under US Occupation

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