Graymail is the threatened revelation of

state secrets Classified information is material that a government body deems to be sensitive information that must be protected. Access is restricted by law or regulation to particular groups of people with the necessary security clearance and need to know, ...

in order to manipulate legal proceedings. It is distinct from

blackmail Blackmail is an act of coercion using the threat of revealing or publicizing either substantially true or false information about a person or people unless certain demands are met. It is often damaging information, and it may be revealed to fa ...

, which may include threats of revelation against, and manipulation of, any private individual. Graymail is used as a defense tactic, forcing the government to drop a case to avoid revealing national secrets. Graymail can occur in two ways: # To straightforwardly blackmail the government, forcing it to drop the case using the threat that if the trial proceeds the defendant will reveal classified information he or she already knows. # To request use of classified material, e.g. as evidence, in the trial. The defendant speculates that the government will be unwilling to make the material fully available to the case, and that this will raise the possibility, in the eyes of the judge or jury, that the unreleased material might clear the defendant, making it difficult to prove guilt. In the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

, the

Classified Information Procedures Act The Classified Information Procedures Act or CIPA ( through ) is codified as the third appendix to Title 18 of the U.S. Code, the title concerning crimes and criminal procedures. The U.S. Code citation i18 U.S.C. App. III. Sections 1-16 Legislativ ...

of 1980, also known as the

Graymail Law The Classified Information Procedures Act or CIPA ( through ) is codified as the third appendix to Title 18 of the U.S. Code, the title concerning crimes and criminal procedures. The U.S. Code citation i18 U.S.C. App. III. Sections 1-16 Legislativ ...

, was designed to counter the second tactic above by allowing judges to review classified material ''

in camera ''In camera'' (; Latin: "in a chamber"). is a legal term that means ''in private''. The same meaning is sometimes expressed in the English equivalent: ''in chambers''. Generally, ''in-camera'' describes court cases, parts of it, or process wh ...

'', so that the prosecution can proceed without fear of publicly disclosing sensitive intelligence.

Examples

*John D. Cline was a defense attorney for

Oliver North Oliver Laurence North (born October 7, 1943) is an American political commentator, television host, military historian, author, and retired United States Marine Corps lieutenant colonel. A veteran of the Vietnam War, North was a National Secu ...

and successfully used graymail to dismiss the most serious charges against North in the

Iran–Contra affair The Iran–Contra affair ( fa, ماجرای ایران-کنترا, es, Caso Irán–Contra), often referred to as the Iran–Contra scandal, the McFarlane affair (in Iran), or simply Iran–Contra, was a political scandal in the United States ...

. Among his detractors, Cline is known as a graymail specialist. Cline was more recently hired by

Lewis Libby Irve Lewis "Scooter" Libby (born August 22, 1950) is an American lawyer and former chief of staff to Vice President Dick Cheney known for his high-profile indictment. From 2001 to 2005, Libby held the offices of Assistant to the Vice President ...

's defense team, and requested more than 10 months of the

President's Daily Brief The President's Daily Brief (PDB), sometimes referred to as the President's Daily Briefing or the President's Daily Bulletin, is a top-secret document produced and given each morning to the president of the United States; it is also distributed ...

. In spite of this, Libby was found guilty on four of the five charges. *

Katharine Gun Katharine Teresa Gun (''née'' Harwood) (born 1974) is a British linguist who worked as a translator for the Government Communications Headquarters (GCHQ). In 2003, she leaked top-secret information to ''The Observer'', concerning a request by ...

was a

translator Translation is the communication of the Meaning (linguistic), meaning of a #Source and target languages, source-language text by means of an Dynamic and formal equivalence, equivalent #Source and target languages, target-language text. The ...

for

Government Communications Headquarters Government Communications Headquarters, commonly known as GCHQ, is an intelligence and security organisation responsible for providing signals intelligence (SIGINT) and information assurance (IA) to the government and armed forces of the Un ...

. In 2003, she became publicly known for leaking top-secret information to the press concerning alleged illegal activities by the

in their push for the

2003 invasion of Iraq The 2003 invasion of Iraq was a United States-led invasion of the Republic of Iraq and the first stage of the Iraq War. The invasion phase began on 19 March 2003 (air) and 20 March 2003 (ground) and lasted just over one month, including 26 ...

. She was charged under section 1 of the

Official Secrets Act 1989 The Official Secrets Act 1989 (c. 6) is an Act of the Parliament of the United Kingdom that repeals and replaces section 2 of the Official Secrets Act 1911, thereby removing the public interest defence created by that section. Lord Bingham s ...

, but the case was dropped when the prosecution declined to offer evidence. *Terrance Brown, an accused robber of bank delivery vehicles in

Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...

, attempted to subpoena

NSA The National Security Agency (NSA) is a national-level intelligence agency of the United States Department of Defense, under the authority of the Director of National Intelligence (DNI). The NSA is responsible for global monitoring, collectio ...

records of his cellphone location to provide an alibi after it emerged that his cellphone provider had deleted the data some years previously. Legal commentators speculated that the motion was an attempt to force the government to drop charges, since the case going to trial would set a precedent for the disclosure of NSA data collection practices in public legal proceedings. The NSA stated that it had not collected any cellphone location information relevant to his case.

References

External links

Crimes of War > September 11
by Edward Burling, Professor of International Law & Diplomacy, Crimes of War Project, December 7, 2001
Graymail definition
2009-10-31) MSN Encarta

by

Murray Waas Murray S. Waas is an American independent investigative journalist known most recently for his coverage of the White House planning for the 2003 invasion of Iraq and ensuing controversies and American political scandals such as the Plame affair ...

, National Journal, February 9, 2006
Transcript
of CEPA Hearing in U.S. v. Lewis Libby (3 February 2006). {{*mail Blackmail Criminal defenses

Examples

See also

References

External links