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May 12, 2007
Official Secrets Act Convictions
From Richard Norton Taylor in the Guardian:
An Old Bailey judge has imposed unprecedented gagging orders preventing the British media from reporting information which is published today in newspapers and websites around the world.
The orders were imposed by Mr Justice Aikens during discussions in the court which Lewis Carroll would have delighted in hearing. At times, we were truly living in Wonderland. The discussions took place after David Keogh, a Whitehall communications officer, and Leo O'Connor, researcher to a former Labour MP, were found guilty of breaching the Official Secrets Act and jailed.
Their crime was to disclose the contents of an official minute of a meeting between Tony Blair and George Bush in the White House on April 16 2004. Keogh disclosed the document to O'Connor who passed it on to Tony Clarke, his boss who was MP for Northampton South at the time.
We cannot report allegations about what the document contains even though they have been reported time and time again - "recycled" was the word the judges preferred - by the media, including British newspapers.
That's not strictly true. The judge said we can repeat those allegations but only if they appear on a different page of a newspaper than any reference to the trial or the document which was at the centre of it. We can also report, since it was said in open court, that the Guardian's counsel, Anthony Hudson, argued that it would be inappropriate to restrain publication of the allegation already in the public domain claiming that President Bush suggested that the Arabic TV station al-Jazeera should be bombed.
Whenever the document and its contents were discussed, the media and the public were barred from the court. The trial then continued behind closed doors.
The judge imposed his contempt of court - gagging - orders after the prosecution stressed the importance the attorney general (AG), Lord Goldsmith, was personally attaching to the case. Official Secrets Act prosecutions always require the consent of the AG.
He, and the government as a whole, seemed particularly concerned about the need to protect Bush from embarrassment, (the prosecution conceded that no "actual damage" had been caused by the leak) and to show the White House that Whitehall is determined to try and keep secrets even though Washington cannot.
But the judge did more. Not only did he prevent the media from repeating allegations already well and truly in the public domain; he imposed a gagging order on a remark made by Keogh during his evidence in open court when he was asked why the contents of the document preyed on his mind so much.
This is an unprecedented attempt to use the contempt of court act to impose secrecy on something said in the open.
The Guardian, Time, BBC, and Index on Censorship, will appeal against these orders next week.
http://commentisfree.guardian.co.uk/richard_nortontaylor/2007/05/an_old_bailey_judge_has.html
This savage sentencing of good men to prison - for being good men - underlines just how illiberal the Blair/Brown Britain is. The farcical attempts by the court to continue to hush up the fact that Bush suggested bombing Al Jazeera, simply underline this.
The judge, Mr Justice Aikens, is clearly a complete wanker. Let me say that again just in case anybody misses this opportunity to jail me. Mr Justice Aikens is a complete wanker. In sentencing, he said that by leaking the document, Keogh had put British lives at risk. The argument apparently being that, if Iraqis knew just how violent and unprincipled George Bush is, they might fight still harder.
One worrying aspect of this case is that the jury convicted. There has been a historic reluctance of juries to convict in OSA cases, because they tend to sympathise with the defendants and not with the draconian legislation. This conviction might encourage the government to make more OSA prosecutions. It did not dare prosecute me, even though I very openly released many classified documents related to our policy of using intelligence from torture. There remains, of course, the stinking fact that "Top Secret" intelligence is regularly leaked by the ministers and special advisers in the Home Office to the media whenever they wish to start a new terror scare.
Finally, what a terrible shame that the would-be leakers decided to try to use the newspapers rather than the Net. Our pusillanimous newspapers are still controllable by the courts. Despite Norton Taylor's huffing and puffing, the Guardian will obey Justice Aikens (did I mention he is a wanker) ? The Net, however, is unstoppable. The documents we leaked are on hundreds of sites all over the World.
Posted by craig on May 12, 2007 8:44 AM in the category War in Iraq
Comments
On the button again Craig.
The really depressing thing is the apparent total lack of public concern about it too. Particularly jailing a man for simply passing an official document to the MP he was working for.
Posted by: Sabretache
at May 12, 2007 10:30 AM
Presumably the only way that the Al-Jazeera bombing in Qatar could have worked is if the US made it look like a terrorist action and then blamed it on someone else. How else could they keep their large air base in Qatar?
I haven't seen this angle explored in the papers as yet but I can't see how any other scenarios make any sense. I can't imagine that even the US would contemplate openly bombing their host country (without that government's approval). Even the most compliant regimes would protest - most probably by evicting the U.S air base.
Jailing these whistle-blowers is a disgrace, and it is equally disgraceful that there has been no outcry about this in the national press. The press is becoming increasingly pro-establishment.
Posted by: bryanc
at May 12, 2007 5:56 PM
Well said Craig. Mr Justice Aikens is indeed a complete wanker, and the trial he presided over was a sham.
Posted by: Davide Simonetti
at May 12, 2007 7:00 PM
2 points..
1. If the MP had been a Privy Councillor, would it have been an offence under OSA ?
2. It may be offensive to call Judge Aikens ("Dicky" Aikens as he was known at school) a wanker (even if true)but surely it is not illegal ... however if you had said you doubted he had the mental capacity to combine the physical strength and co-ordinationequired with the required imagination ... you might have been questioning his competence, in which case you would probably be breakfasting on porridge in the White Tower by now.
Posted by: ziz
at May 12, 2007 10:31 PM
None of this account seems unfamiliar in essence. The specific facts belong to this case alone, but the stance, actions taken, and results can be demonstrated for many other judicial and administrative disciplinary actions over previous decades. What is shocking is that this government adminstration is wholly denying what it is, an authoritarian regime whose punitive and exemplary response is all of a piece with earlier executive regimes.
Posted by: hatfield girl
at May 13, 2007 12:10 AM
I'd love to see Mr Justice Aikens sueing for libel because he'd been called a wanker. Several defences seem possible. Vulgar abuse, for instance, is a defence, though not commonly used. So is truth: "Mr Justice Aikens, are you now, or have you ever been, in any sense of the word, a wanker? ... and you are asking the jury to believe ...."
Alas, they wouldn't use libel but contempt of court - as I understand it (and I'm not a lawyer) far less opportunity for debate in open court.
On the related topic of events kept out of the public eye, what's going on with this U.S./EU trade treaty - blogged about at http://uk.blog.360.yahoo.com/kathleenzbell "End of a holiday", including links to a couple of websites. I lack the expertise to analyse it fully but it seems dodgy to me in th light of the Canadian experience.
Posted by: kazbel
at May 13, 2007 6:43 PM
1. Is it also a coincidence that this was buried under the Blair resignation?
2. As this is already all over the press in the rest of the world (including USA), the only embarrassment being caused is to the UK. By Wanker Aikens.
Posted by: NoJags Neil
at May 14, 2007 8:44 AM
I find it amusing that these sort of gagging orders and DA Notices (formerly D-Notices) are now so totally ineffective due to the internet. These things can only work when there are a few channels of information that can be controlled.
Posted by: ChoamNomsky
at May 14, 2007 8:43 PM
I particularly enjoyed the split second when reading this where I thought that "The judge, Mr Justice Aikens, is clearly a complete wanker" was a direct quote from the Norton-Taylor Guardian article.... bless you for your gloriously incorrect blogging style, Craig!!
Four quickies: (1) I'm not clear about what precisely is in non-British newspapers/sites that we can't get in our papers here. Is the memo and the content of what was said in the closed court sessions available anywhere - if so, can we have a link?
(2) I am trying to get hold of the name of the jail where Leo O'Connor and David Keogh are so we can publicise this across the net and get them some good old snail mail letters of support. Any info out there?
(3) I would also like to totally endorse your "what a terrible shame that the would-be leakers decided to try to use the newspapers rather than the Net", comment Craig. It's a bloody disaster that these guys are in jail and we still don't have the memo here in UK - I mean, letter of support, but guys, you bloody idiots!!
(4) Interesting point mentioned on another site was that blowing up Al Jazeera in Qatar is a totally different kettle of fish to blowing them up in Baghdad - US couldn't blame a missile for someone else that went astray. Hence what Bush had in mind must have been a faked terrorist attack "black op"?
Posted by: Strategist
at May 15, 2007 2:35 AM
I didn't hear the civil servant complaining when he was picking up his wages for all those years.
Posted by: The UK Daily Pundit
at May 15, 2007 8:08 PM
It may be a popular dig, but it doesn't make a rational charge Pundit. David Keogh has sacrificed his job , significant reputation and freedom to reveal a suspected war criminals illegal intentions. What the guy could be heard to complain about while he was still on the payroll would be a red herring and wild goose chase in one. He is off the payroll and jailed for taking the ethical course.
Posted by: andy cyan
at May 17, 2007 8:29 PM
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