Judge rules FBI can’t keep Cheney interview buried

By Muriel Kane
Thursday, October 1st, 2009 -- 10:59 am
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valerieplame031607a Judge rules FBI cant keep Cheney interview buriedA federal judge ruled on Thursday that the FBI must release its June 2004 interview with then-Vice President Dick Cheney concerning the leaking of the identity of CIA operative Valerie Plame.

The Bush and Obama administrations have both sought to keep the interview secret, but Judge Emmet Sullivan has determined (pdf) that there is no reason for it to remain sealed now that the Plame investigation has concluded:

"The Court concludes that the agency has failed to meet its burden of demonstrating that the requested documents were properly withheld in their entirety under any FOIA exemption protecting law enforcement interests. Limited portions of those documents, however, were properly withheld under exemptions designed to protect information that is privileged or that could impinge on personal privacy or threaten national security."

CREW’s executive director issued a statement expressing satisfaction that “Judge Sullivan rightly rejected a Justice Department interpretation of the FOIA that would have allowed the government to withhold virtually any law enforcement record even where an investigation has long since been concluded. We are disappointed, however, that the judge allowed DOJ to withhold portions of some records because the American people deserve to know the truth about the role the vice president played in exposing Mrs. Wilson’s covert identity. High-level government officials should not be permitted to hide their misconduct from public view.”

Justice Department attorneys told Judge Sullivan last summer that they intend to appeal any order to release the documents.

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Rep. Henry Waxman first issued a subpoena for the FBI interviews with Cheney and others in June 2008, citing both testimony by Lewis "Scooter" Libby and a book by former White House press secretary Scott McClellan as suggesting that Cheney might have been involved in the outing.

When the Justice Department refused on grounds of executive privilege, Citizens for Responsibility and Ethics in Washington (CREW) filed a Freedom of Information request, followed in August 2008 by a lawsuit.

In arguing against the lawsuit, the Obama administration has suggested that future presidents and vice presidents might refuse to cooperate with criminal investigations if they knew their statements might become public.

"If we become a fact-finder for political enemies, they aren't going to cooperate," a Justice Department attorney told the court last spring. "I don't want a future vice president to say, `I'm not going to cooperate with you because I don't want to be fodder for 'The Daily Show.'"

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Story comments are below...
  • bayside
    It is our govt. The peoples ,and we have a right to right what they are doing..
  • trippin
    "In arguing against the lawsuit, the Obama administration has suggested that future presidents and vice presidents might refuse to cooperate with criminal investigations if they knew their statements might become public."

    As with the telecom companies: once again potential unwillingess to cooperate in the future is an excuse for not prosecuting now.

    Makes no fucking sense to me.
  • kscitydude
    From the article:"In arguing against the lawsuit, the Obama administration has suggested that future presidents and vice presidents might refuse to cooperate with criminal investigations if they knew their statements might become public...."

    Refusing to cooperate with an investigation would be "obstructing an investigation," and an ordinary citizen can be arrested for that. Can a sitting President or Vice-President be impeached for that? It's like Nixon saying he could break the laws because he was president.
  • johntwodogs
    Future Presidents and Vice Presidents are ALSO not above the law. If they are subpoenaed, they should be compelled to cooperate. We the people seem to have lost our voice.
  • turnip
    What reality is this? We won't give you records that might show you our crimes, because if we do that we won't be able to hide crimes in the future ?

    We are officially retarded. Mark the date.
  • schmice
    What about the transparency that we voted for when we elected Obama?
  • crookpatriots
    This is special... the crooks can out CIA agents, break laws doing so and when caught not have to speak about it for the good of the nation.


    Seems just a tad underhanded and opposite of what we continually boast we stand for ... but thinking about it, it's the kind of rubbish the world expects to hear coming from forked tongued American politicians and it's business leaders.
  • imwc
    we don`t need their cooperation...we need justice...and outing a cia operative during time of war is TREASON!!...
  • DFW
    I would hope that becoming fodder for The Daily Show will turn out to be the least of Cheney's problems.
  • kelliott07
    This is just one more instance where Cheney is trying to cover his ass..
  • George
    What happened to sign in on this site?
  • miggy
    My take.

    This Federal Judge should get himself a regular food taster and car starter ASAP. Oh yea, and don't take any unnecessary flights either.
  • if all this ever comes out, heads will roll. many are complicit, and carried the water. it started from the top [cheney's basement] [special ops] and it should end at the top. all roads lead to cheney's basement.
  • jandrewmorrison
    Where is the logic in the argument made by the administration.....

    "I don't want a future vice president to say, `I'm not going to cooperate with you because I don't want to be fodder for 'The Daily Show.;"

    Have we become so infantile that our political leaders possible fear of jokes being told about them is a valid argument to a Federal Judge on the issue of whether the people have a right to information about what the government is doing?
  • texanarch
    I will relish the day that Cheney reaps what he has sewn.
  • texanarch
    I will also relish the day Cheney reaps what he has sown.
  • SPECOPS
    GOOD JOB. THE WORM IS ABOUT TO TURN

    MSGT Moore/18D
  • robertlockwoodmills
    The judge is not only right, he's brave.
  • gr8fuldaniel
    "A federal judge ruled in Friday..."
    Boy, I hope this gets fixed.
    Are we talking last Friday?

    "in Friday" is a few term, methinks.
  • tvfreezone
    The FBI was permitted to withhold portions of some records? Does that mean that all the incriminating statements ChainKnee made will be redacted?
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