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Context of 'October 26, 2006: Bush Administration Seeks to Prevent Detainee from Revealing ‘Alternative Interrogation Methods’'

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Sibel Edmonds.Sibel Edmonds. [Source: Linda Spillers/ Getty]US District Judge Reggie B. Walton, appointed by George W. Bush, dismisses Sibel Edmonds’ lawsuit (see June 2002) against the Justice Department, accepting the government’s argument that allowing the case to proceed would jeopardize national security [Associated Press, 7/6/2004; CNN, 7/7/2004] and infringe upon its October 2002 declaration (see October 18, 2002) that classified everything related to Edmonds’ case. Walton refuses to explain his ruling, insisting that to do so would expose sensitive secrets. “The Court finds that the plaintiff is unable to establish her First Amendment, Fifth Amendment, and Privacy Act claims without the disclosure of privileged information, nor would the defendants be able to defend against these claims without the same disclosures… the plaintiff’s case must be dismissed, albeit with great consternation, in the interests of national security,” Walton says in his ruling. [CNN, 7/7/2004] Walton never heard evidence from Edmonds’ lawyers. [Associated Press, 7/6/2004; Associated Press, 7/7/2004]

Entity Tags: Reggie B. Walton, Federal Bureau of Investigation, Sibel Edmonds

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Judge Reggie Walton orders the CIA to turn over some of the highly classified intelligence briefings to the Lewis Libby defense team that it has requested (see March 2-7, 2006). Walton rejects CIA arguments that disclosure of the Presidential Daily Briefings (PDBs) would be detrimental to national security. He says the agency can either delete highly classified material from the briefings, or provide “topic overviews” of the matters covered in them. “It is unlikely that this court would permit anything other than the general topic areas of these documents to be introduced at trial,” he writes. “The defendant does not need the explicit details of the intelligence documents he desires to obtain. The general topics of the documents would provide the defendant exactly the information he seeks, listings of the pressing matters presented to him during the times relevant to the case.” Walton only grants 46 days’ worth of the PDBs, instead of the nine months’ worth the defense had originally asked for (see December 14, 2005). He also orders the CIA to give Libby an index of the topics covered in follow-up questions that the former White House aide asked intelligence officers who conducted the briefings. [Associated Press, 3/10/2006; US District Court for the District of Columbia, 3/10/2006 pdf file; US District Court for the District of Columbia, 3/10/2006 pdf file; New York Times, 3/11/2006] Criminal defense attorney Jeralyn Merritt writes: “These documents most likely will never be seen by us or the jury. They are to assist Libby with refreshing his memory.” [Jeralyn Merritt, 3/10/2006]

Entity Tags: Central Intelligence Agency, Reggie B. Walton, Jeralyn Merritt, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton issues a court order that withholds certain “extremely sensitive” classified documents from the Lewis Libby defense team. Walton writes that he “carefully reviewed” the requests from special counsel Patrick Fitzgerald and from the CIA to withhold the documents. The documents were provided to him ex parte and in camera, and Walton determined that they were irrelevant to the Libby defense efforts. Walton writes that the documents are “extremely sensitive and their disclosure could cause serious if not grave damage to the national security of the United States.” Walton has previously allowed other classified documents to be provided to Libby, and the CIA has provided documents requested by Libby that Walton has released to the defense (see December 14, 2005, January 9, 2006, January 20, 2006, January 23, 2006, January 23, 2006, January 31, 2006, (February 16, 2006), February 21, 2006, February 24, 2006. February 27, 2006, March 1, 2006, March 2-7, 2006, March 10, 2006, March 17, 2006, April 5, 2006, May 3, 2006, May 12, 2006, May 19, 2006, and June 2, 2006). Many of the documents provided to Libby are redacted versions or summaries of the classified documents he viewed during his morning intelligence briefings. [MSNBC, 8/18/2006] Former prosecutor Christy Hardin Smith, writing for the progressive blog FireDogLake, writes of Walton’s decision: “That there is material so sensitive in this case that Libby is not entitled to it at all… speaks volumes to me in terms of what was endangered by him and Karl Rove opening their yaps in order to exact some political payback and CYA for Dick Cheney and the Bush administration. Putting personal political fortune ahead of the security of the entire United States during a time of armed conflict to cover your bosses’ *sses for lying the nation into war? Now THAT is unpatriotic.” [Christy Hardin Smith, 8/19/2006]

Entity Tags: Lewis (“Scooter”) Libby, Central Intelligence Agency, Christy Hardin Smith, Reggie B. Walton, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Majid Khan.Majid Khan. [Source: Public domain via Washington Post]The Bush administration submits documents to US District Judge Reggie B. Walton arguing that Majid Khan, a Guatanamo detainee who was held in the secret CIA prison system for three years, cannot be allowed access to lawyers because he may reveal what interrogation techniques were used on him. CIA Information Review Officer Marilyn A. Dorn says in an affidavit that since “detained by CIA in this program, he may have come into possession of information, including locations of detention, conditions of detention, and alternative interrogation techniques that is classified at the TOP SECRET//SCI [sensitive compartmented information] level.” [Washington Post, 11/4/2006]

Entity Tags: Central Intelligence Agency, Reggie B. Walton, Majid Khan

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties

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