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) that 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 its 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In response, the OEC has said it will not enforce the subpoena, but it has not withdrawn it, either.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 [PDF] today blasting the FBI and DoJ's attempts to block Edmonds' testimony as "censorship" and trying to "silence [a] 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 it 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..
The text of both letters now follow below in full...