Foggo's plea agreement left CIA with a sigh of relief

Frankly, financial melt-down is getting to be a drag. Fortunately, the Bush administration is such a total disaster that there are a lot of interesting pieces of Bush-related crap to distract us from the bail-out. Laura Rozen has been kind enough to provide a particularly juicy story out of the CIA. On Monday Dusty Foggo, the number three manager of the CIA under Porter Goss, pled guilty to wire fraud instead of airing the CIA's dirty laundry about "Duke" Cunningham, Jack Abramoff, and his boss, Porter Goss, in public in a federal court.

As court documents laid out in 28 charges, the man known to colleagues as "Dusty," a former logistics officer, served as the CIA's number three official and effectively day to day manager when he badgered the Agency to hire one of his mistresses, identified in the indictment as "E.R.": "On or about March 19, 2005," the indictment reads, "Foggo sent the CIA Acting General Counsel an email stating, in part, that his staff would tag E.R.'s conditional offer of employment as 'ExDir Interest' in order to 'zip her to the top of the pile.'" (E.R. was indeed hired, to a new position Foggo created—deputy director of administration. "ExDir" refers to Foggo's position as CIA Executive Director.)

Foggo's generosity extended beyond his girlfriend: He also, according to the indictment, engineered the hiring of his best childhood friend's company for a CIA contract to provide bottled water to staff in Iraq at a 60 percent price markup over the offer of another contractor (who, under the deal worked out by Foggo, was hired as the subcontractor to actually perform the work). He was frequently dealt into a weekly poker game at various memorable Washington hotels (the Watergate was one) popular with congressmen such as Randy "Duke" Cunningham (R-Calif.), lobbyists, and House intelligence committee staff members; as well as—according to other court documents—prostitutes. That childhood friend, Brent Wilkes, also turned out to be among two defense contractors bribing House intelligence committee member Duke Cunningham with tens of thousands of dollars in antiques, travel, fancy meals, house payments, and hookers in exchange for earmarks steering more than $100 million worth of government contracts to Wilkes' San Diego-based firm, ADCS.

But it wasn't the hookers, the card games, the water contract, or even the staff mistress that concerned the Agency's executives when Foggo spared them by entering a guilty plea on a single count of wire fraud Monday. In exchange for the plea, prosecutors agreed to drop the 27 other charges and requested only three years prison time out of the 20 Foggo could have faced. ("Your lawyers did a good job for you," US District judge James C. Cacheris told Foggo after he accepted his guilty plea, with evident understatement.)

No, what truly worried Agency brass were the darker secrets their former top logistics officer was threatening to spill had his case gone to trial as scheduled on November 3. They included the massive contracts Foggo was discussing with Wilkes, estimated by one source at over $300 million dollars. "Wilkes was working on several other huge deals when the hammer fell," a source familiar with Foggo's discussions with Wilkes told me. What kinds of deals? According to the source, they included creating and running a secret plane network, for whatever needs the CIA has for secret planes now that the network it used for extraordinary rendition flights has been outed. "In or about December 2004," the Foggo indictment says, "Foggo discussed with Wilkes and J.C. the idea that Foggo might be able to get Wilkes a classified government contract to supply air support services to the CIA…. In or about January 2005, Wilkes directed various ADCS employees to begin developing an air support proposal that would be designed to answer the CIA's classified needs as outlined by Foggo."

The indictment continues: "On or about February 3, 2005, an employee of Wilkes' corporation emailed J.C. with an offer to update him on their work developing the air support proposal. …" (J.C., the indictment explains, is Wilkes' nephew, whom I've identified as Joel G. Combs, the nominal head of a Wilkes' front company, Archer Logistics.) The "classified air support contract" and its implied purposes for renditions are among the truly damaging national security secrets, along with the methods the CIA uses to create front companies and dole out black contracts, that the CIA and Bush White House would have been anxious not to have exposed, especially in a trial set to take place the day before the election in a suburban DC courtroom within a ten-minute drive of the entire national security press corps.

Needless to say the CIA is heaving a great sigh of relief. The only real loss is that individuals like myself who are curious about the processes the CIA uses to perform its Intelligence magic will not have all the dirty laundry to root through. But no doubt the CIA management has a lot of better things to do that keep those of us spy story junkies who are interested in Intelligence procedures entertained.

(Laura Rozen has another interesting article here providing some interesting gossip about her reporting on the Foggo story.)