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(Yeah, I also laughed at the Onion-style headline.)
Kyle "Dusty" Foggo. Here's a criminal within national security operations actually getting a sentence - truncated however thanks to the special privileges granted to CIA criminals (see below). He's being punished in part because the conviction relates to crimes of personal corruption, rather than crimes committed with a policy rationale. And this at SAD, the infamous CIA department that performs renditions: "raids, ambushes, abductions and other difficult chores overseas, including infiltrating countries to 'light up' targets from the ground for air-to-ground missile strikes," as the lead paragraph says. But even if prosecutors were empowered only to go after corrupt contract awards in the military-intel realm, it might bring an enormous number of perps to task. Let us hope this is only the first of many prosecutions of the Bush regime principals, but understand that the case shows the many obstacles.
Since the 9/11 terror strikes, SAD's role in the war on terror has become more prominent. Its paramilitary operatives have been used to snatch high-value suspects from the streets of foreign countries for rendition to black sites for interrogation. When carrying out their operations in other countries, the agents typically do not wear uniforms or carry items that connect them to the U.S. government. If they are caught, the government may disavow any connection to them.
We pretend this is a democracy and a republic. Once such a policy is allowed in secret and lavishly pre-funded, notions of civilian control are rendered unviable and abuse is preprogrammed. But let's get back to the personal enrichment.
Foggo's sentencing, scheduled Thursday before Judge James C. Cacheris in U.S. District Court in Alexandria, Va., will be the final sentencing of the ring of co-defendants in the bribery scandal that erupted around Cunningham.
Foggo, 53, was running the CIA on a day-to-day basis until he resigned in 2006 after his name surfaced in the scandal. At first, Foggo sought to have the charges against him dismissed. When that failed, he argued that he would need to disclose classified information to defend himself. This practice, sometimes referred to as graymail, was rejected by the court, but led prosecutors to drop 27 of the 28 charges against him.
Sigh. Who figures Foggo was threatening to expose stuff that was more criminal and dangerous than the machinations for which he will now be briefly jailed?
In the affidavit, in which he is identified as "John Doe # 1," the official says Foggo introduced Wilkes to him and other SAD officials as "someone who had an extensive corporate portfolio that included experience in aviation, and for that reason could assist SAD. Mr. Foggo then left Wilkes with us to discuss our need for cover for our air operations." Within days, Wilkes provided the group with a $132 million proposal that John Doe # 1 described as "unwieldy, cumbersome, and lacking a real understanding of what the Agency needed...If implemented as presented, I believed the proposals would be wasteful, misguided, and contrived."
Hm. If it encumbers the renditions program or other approved barbarisms, should we consider corruption a good thing? Cockburn's often made remarks along these lines...
The documents also argue that Wilkes and Foggo tried to incorporate the military's need for armored vehicles into an array of contracts that involved not only the CIA's sensitive air operations but also water for troops in Iraq. Wilkes' and Foggo's deals -- during which they hid their long, personal friendship from other government officials -- included markups of up to 60 percent on the goods and services they sold the CIA.
I usually say, "the plunder never ends," but today I have to also add, ironically: If you didn't know the upshot would be urgent budget rises to ensure all shortfalls are covered, would it be so wrong to deprive the CIA's SAD program of resources?
The documents released Monday provide extensive details about Foggo's efforts to move his mistress from Europe to Langley when he was promoted in November 2004 from chief of support at an undisclosed European location to the agency's No. 3 post, executive director.
Bushism at its zenith.
According to prosecutors and testimony included in the filing, Foggo arranged for his family to remain in Europe at taxpayer expense while he moved to Langley. He then arranged a CIA job for his mistress, identified only by the initials ER...
SNIP
ER was hired, but her supervisor soon found her work unsatisfactory...
SNIP
"Instead of being receptive to her supervisor's critiques and suggestions, ER made it clear that she had influence with Foggo. Indeed, she did," the prosecutors' sentencing memo states. "Her supervisor had been an attorney with the (CIA's Office of General Counsel) for 20 years, during which time she received numerous performance awards and even the Career Intelligence Medal, which rewards 'exceptional achievements that substantially contributed to the mission of the Agency' over the course of her career. Within months of crossing Foggo's mistress, however, she suffered a humiliating firing by Foggo."
Tangential but the juiciest details again left out: what were the supervisor's "exceptional achievements"? Not for us to know, or probably even most of her fellow CIA personnel.
The government's 24-page reply to Foggo's sentencing memorandum, 31-page sentencing memo and 82-page appendix are full of such previously undisclosed material.
Government's reply to Defendant's sentencing memo (24 p)
http://s3.amazonaws.com/propublica/assets/docs/foggo_138_1.pdfProsecutors' sentencing memo (31 p)
http://s3.amazonaws.com/propublica/assets/docs/foggo_139_1.pdfAppendix including affidavits and exhibits (81 p)
http://s3.amazonaws.com/propublica/assets/docs/foggo_139_2.pdfDownloaded but won't have a chance to read today - hope someone does!
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