March 4, 2008 / by emptywheel


Will Dick Finally Get Busted for His Leaks?

I am of the opinion Dick Cheney escaped any repercussions from ordering his Chief of Staff to leak a CIA NOC’s identity because Bush’s Pixie Dust gave Dick the right to insta-declassify classified material as if he were King President. I wonder, though, whether Bush has Pixie Dust somewhere that will permit Dick Cheney to ignore a gag order imposed by a Court? That’s what Colonel Morris Davis suggests Cheney may have done–leak a video purportedly showing Gitmo detainee Omar Khadr making a bomb to 60 Minutes (h/t TP).

Omar Khadr’s defense lawyers will try to find out whether U.S. Vice-President Dick Cheney’s office secretly leaked a video of the detained Canadian to an American media outlet – an allegation that, if proven, would be a clear violation of court orders and further proof that the process by which Mr. Khadr is being tried is a political, not legal one, his military lawyer says.

In an interview with The Globe and Mail Monday night, Lieutenant Commander Bill Kuebler said he is trying to find out how a highly secret video showing Mr. Khadr in Afghanistan was leaked to the U.S. news program 60 Minutes. The video appears to show Mr. Khadr building a bomb.

The news program aired the footage last November.

Lt.-Cmdr Kuebler, Mr. Khadr’s top U.S. military lawyer, said he met with Colonel Morris Davis, the previous top prosecutor of military commissions – the body that is expected to try Mr. Khadr in Guantanamo Bay later this year – last week.

At the meeting, Lt.-Cmdr. Kuebler asked the Colonel where he thought the leak may have come from. In response, Lt. Cmdr. Kuebler said, Col. Davis offered the opinion that the Vice-President’s office may have been involved.


Lt.-Cmdr. Kuebler said the prosecution had wanted to play the tape in court – in view of the media – late last year, but the request was denied by a judge. A few weeks later, 60 Minutes had the report.

Given that context, Lt.-Cmdr. Kuebler said he believes the tape was leaked, and he tends to agree with Col. Davis, who told him it was unlikely a junior officer would be the one to leak it.

Of course, we still don’t know why William "we can’t have acquittals" Haynes resigned suddenly last week, so maybe Haynes is preparing to serve as Cheney’s firewall. For this particular illegal leak. After all, it seems like Cheney’s always got a journalist or a loyal firewall to cover up his illegal leaking for him.

I’ll say this though–Colonel Davis is looking more and more like he’s going to be an interesting defense witness for Gitmo detainee Hamdan.

[Here’s a question, now that I think of this–was this a military or a civil court? If it was the former, I can well imagine Dick found the Pixie Dust he needed to justify ignoring court orders.]

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