In newer developments, David Corn reports the Government has filed a new pleading containing a more substantive reason:
Corn reports Deputy Chief of the Criminal Division Lanny Breuer submitted a declaration stating "if the Cheney interview is made public it could cause public officials in the future to not cooperate with criminal investigations." From Breuer's declaration:
As a general matter, the non-public nature of law enforcement interviews can be a significant factor in securing the voluntary cooperation of witnesses. Indeed, it is not uncommon for prosecutors and law enforcement investigators to inform witnesses that, subject to applicable statutes, regulations and rules, they will attempt to maintain the confidentiality of information provided. A non-public interview can be particularly important in gaining the cooperation of senior-level White House officials given the public role of such witnesses, the sensitive nature of the subject matters that may be discussed, the potential politicization of these sensitive issues, and the possibility that whatever matter is being investigated ultimately may not warrant any law enforcement action.
U.S. Attorney Patrick Fitzgerald told the House Oversight Committee in this letter (pdf) that grand jury secrecy doesn't apply to its subpoena of these documents. Still, Cheney's 2004 interview by federal prosecutors was part of the grand jury investigation into the leak of Plame's identity. He may not have testified in front of the grand jury, but the grand jury was investigating the case and the interview was conducted as part of that investigation.
To add: The Public Record revealed what topics that Cheney discussed in which made the DOJ to decide not release Cheney's FBI interview.
(h/t to Jason Leopold):
According to the Justice Department’s filing [P.20], the topics discussed included:
• The Vice President’s discussion of the substance of a conversation he had with the Director of the CIA [George Tenet] concerning the decision to send Ambassador [Joseph] Wilson on a fact-finding mission to Niger in 2002.
• The Vice President’s discussion of his requests for information from the CIA relating to reported efforts by Iraqi officials to purchase uranium from Niger.
• The Vice President’s recollection of the substance of his discussions with the National Security Advisor [Condoleezza Rice] while she was on a trip to Africa.
• Vice President's description of government deliberations, including discussions between the Vice President and the Deputy National Security Advisor [Stephen Hadley], in preparation of a statement by the Director of CIA regarding the accuracy of a statement in the President's 2003 State of the Union Address.
• Vice President's recollection of discussions with Lewis Libby, the White House Communications Director [Dan Bartlett], and the White House Chief of Staff [Andrew Card] regarding the appropriate response to media inquiries about the source of the disclosure of Valerie Plame Wilson's identity as a CIA employee.
• Vice President's description of his role in resolving disputes about whether to declassify certain information.
• Vice President's description of government deliberations involving senior officials regarding whether to declassify portions of the October 2002 National Intelligence Estimate.
• Description of a confidential conversation between the Vice President and the President, and description of an apparent communication between the Vice President and the President.
• Names of non-governmental third-parties and details of their extraneous interactions with the Vice President.
• Name of a CIA briefer.
• Names of FBI agents.
• Names of foreign government and liaison services.
• The name of a covert CIA employee.
• The methods CIA uses to assess and evaluate intelligence and inform policy makers.
Commentary:
Here are my thoughts. The Bush Administration put the Obama Administration in a corner where Obama can't release Cheney FBI interview not because Obama Administration is protecting Cheney as the media, public, and watchdog allege, but it is because of Cheney's discussions with intelligence, members in the CIA, CIA agents, and so forth is a national security risk. In order words, Cheney was clever to discuss intelligence and CIA information during the FBI interview so the Bush Administration can claim executive privilege for Cheney due to National Security concern in Cheney's interview. Yes, Fitzgerald did state in his letter that grand jury secrecy doesn't apply to its subpoena of these documents and the interview was conducted as part of leak investigation. And of course, the media, public, and watchdog organization can claim that Cheney's interview didn't apply to grand jury secrecy. But, it was Cheney's discussion on intelligence and CIA that put the Obama Administration in a pickle. But, I agree with the watchdog organizations and the public: The DOJ's reason for not releasing Cheney's FBI interview is very weak and leaves alot more questions and anger to Obama's promise for transparency.
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