Prosecutors urge release of testimony in CIA case
ALEXANDRIA, Va. — Kyle "Dusty" Foggo is the highest ranking officer in the history of the CIA to be convicted of a federal crime, admitting he abused his influence to steer contracts toward an old friend who showered him with vacations, gourmet dinners and other gifts.
But if the public knew the full extent of his misconduct, they would be outraged, prosecutors said Friday as they urged a judge to make public secret grand jury testimony in the case against Foggo.
Foggo was appointed in 2004 to be the agency's executive director and third-ranking officer under then-director Porter Goss. Foggo resigned in 2006 as he came under investigation.
Prosecutor Jason Forge told U.S. District Judge James Cacheris that the public has a right to know the depth of Foggo's misconduct and they want the judge to consider the transcripts during sentencing.
"The public has a right to know the circumstances of his betrayal," Forge said. "That's all we're trying to accomplish here. A critical part of our job is to bring this information to light."
Defense attorney Mark MacDougall said the grand jury testimony includes gossip, speculation and leading questions. He said prosecutors were "looking to make a big public splash" and that Cacheris can arrive at a fair sentence based on Foggo's admitted guilt.
"This court will sentence Mr. Foggo _ not the public, not the press," MacDougall said.
Cacheris did not issue a ruling during Friday's hearing.
Prosecutors won't comment on what information within the transcripts they want released.
Foggo, in his plea agreement, only admitted to a narrow set of facts revolving around his efforts to help longtime friend Brent Wilkes obtain CIA contracts. He pleaded guilty to wire fraud for "depriving the United States and its citizens of their right to his honest services."
Separate charges revolving around Foggo's efforts to help a mistress gain CIA employment and assignments that would keep her close to him _ which were only vaguely outlined in one of the indictments _ were dropped as part of a plea bargain.
Prosecutors agreed as part of the plea bargain to seek a sentence no longer than three years and one month.
The case against Foggo is connected to an investigation of former congressman Randy "Duke" Cunningham, R-Calif., who admitted taking bribes from Wilkes. Cunningham pleaded guilty and was sentenced to more than eight years in prison. Wilkes was convicted and sentenced to 12 years.
If the judge wants the secret testimony to become public, MacDougall said the witnesses should be called at next month's sentencing hearing.
One of the reasons prosecutors accepted the plea deal, Forge said, was the logistical difficulties of coordinating testimony from CIA agents who are flung around the world on covert missions.



MATTHEW BARAKAT | January 9, 2009 03:13 PM EST |
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