DoJ Pressures Ohio Election Commission to Block Sibel Edmonds Testimony

[OmmmSweetOmmm]

http://www.bradblog.com/?p=7346

By Brad Friedman on 8/7/2009 8:06PM
EXCLUSIVE UPDATE: DoJ Pressures Ohio Election Commission to Block Edmonds Testimony
Edmonds re-iterates request citizen media in D.C. show up at Saturday morning deposition...
Okay, the DoJ is now jumping into action, at least on behalf of covering the FBI's rear, if not yet to issue any "states secrets" claims to stop the scheduled testimony of FBI whistleblower Sibel Edmonds in D.C. tomorrow morning in the Ohio Election Commission (OEC) case of Schmidt v. Krikorian.

For background, first see Wednesday night's report:
• FBI Whistleblower Sibel Edmonds Subpoenaed, Set to 'Break' Gag Order Unless DoJ Intercedes
Former agency translator called to testify in Ohio election case this Saturday on Turkish infiltration of U.S. government...

...and then today's update:
• EXCLUSIVE: FBI Attempts to Block Edmonds Testimony in OH Election Case; Attorneys Say Effort Insufficient to Stop Her
Whistleblower org says FBI/DoJ attempting 'censorship', trying to 'silence whistleblower' answering 'lawful subpoena'

Tonight Arthur Goldberg of the DoJ's civil division, sent a letter to the OEC's Executive Director Philip C. Richter, and Richter has replied. Both letters are downloadable below, and the text is posted there as well.

In short, the DoJ has informed the OEC that Edmonds has "not complied with the procedures for obtaining authorization from the FBI, her former employer, prior to making any disclosure relating to information that she acquired in the course of her work for the FBI. Therefore, she is not authorized to testify at the deposition."

Edmonds and her attorneys argued earlier today in their letter to the FBI (see today's earlier story and documents), her employment agreements do not preclude her from answering a lawful subpoena, which they consider this to be, nor further do those agreements require approval from the FBI for oral, versus written, testimony. She was subpoenaed earlier this week on behalf of candidate David Krikorian who is defending himself in an OEC "false statements" claim by U.S. Rep. Jean Schmidt (R-OH-2nd).

The DoJ further claims in their letter that the OEC's subpoena is not enforceable, because the deposition is to take place outside of Ohio.

In response, the OEC has said they will not enforce the subpoena, but they have not withdrawn it either. Thus, it seems, Krikorian is still within his rights to carry out the deposition at this time, and Edmonds tells The BRAD BLOG she plans on being there in the morning to answer it.

As we reported earlier today, the National Whistleblowers Legal Defense & Education Fund, representing Edmonds, issued a statement today blasting the FBI and DoJ's attempts to block Edmonds' testimony as "censorship" and trying to "silence whistleblower".

The Bush Administration's DoJ had twice invoked the "state secrets" privilege in order to gag Edmonds, to keep her from testifying on matters they argued were of national security. So far, however, the Obama Administration's DoJ has failed to re-invoke that privilege, though it's possible they still could do so prior to tomorrow's testimony.

In a brief conversation with Edmonds moments ago, she re-iterated her belief that the "MSM will be a no-show tomorrow", and therefore says "citizen journalists are needed" to cover what may happen at the deposition. Both she and Krikorian, as well as attorneys from all sides, will be available to answer questions from media --- both corporate and citizen --- before and after the scheduled deposition tomorrow. It is slated to begin at 10:30am Saturday morning (8/8/09) at the National Whistleblowers Center, 3238 P St. NW, in Washington D.C..

* * *
Tonight's letter from the DoJ's Arthur Goldberg to the OEC's Philip C. Richter may be downloaded here . Richter's reply to Goldberg may be downloaded here .

[Skink]

1. She now has the letter record.

I'm waiting for the NSA.

[mmonk]

6. Give it time.

;-)

[mmonk]

2. The OEC will not enforce the subpoena but they haven't with drawn it.

In response, the OEC has said they will not enforce the subpoena, but they have not withdrawn it either. Thus, it seems, Krikorian is still within his rights to carry out the deposition at this time, and Edmonds tells The BRAD BLOG she plans on being there in the morning to answer it.

[OmmmSweetOmmm]

4. Wonderful. :)

[natrat]

3. change

[mmonk]

5. OEC's Richter's response to the DOJ

http://www.bradblog.com/Docs/OECRespondstoDoJ_SibelEdmonds_080709.pdf





While in the past I have taken
vigorous action to enforce a Commission subpoena, and should a situation arise am prepared to do so in
the future, I acknowledge that the Commission’s ability to take action to enforce one of its subpoena and any authority to compel the appearance of or testimony by a person receiving a Commission
subpoena can only occur within the boundaries of the state of Ohio. In light of your letter and these
circumstances, I am not prepared to take any action available to the Commission under R.C.
§3517.153(B) to compel the enforcement of the Commission’s subpoena to Sibel Edmonds on behalf of
the Commission.

Please feel free to contact me if you have any additional questions or concerns.
Sincerely,
Philip C. Richter
Executive Director
cc: Vesper