UK: Two jailed for disclosing White House "Al Jazeera" memo.
01 October 2007
On 9 May, as Tony Blair resigned as Prime Minister, David Keogh, and Leo O'Connor were jailed for breaching the Official Secrets Act (OSA) by attempting to leak an "extremely sensitive" four-page memo that purportedly disclosed British concerns at US military tactics following the 2004 US massacre of hundreds of civilians in Fallujah and the military use - initially denied - of white phosphorus as a weapon of war. In November 2005 the
Daily Mirror said the memo also made reference to President George W. Bush's proposal to bomb the Qatari offices of the widely respected
Al Jazeera satellite television station.
Al Jazeera sought clarification of the allegations through a Freedom of Information Act application in the UK in 2006 noting that:
"Any substantiation of the contents of the memo would be extremely serious not only for Al Jazeera but for media organisations across the world. It would cast significant doubts on the US administrations versions of previous incidents involving Al Jazeera's journalists and offices. Both Al Jazeera's Kabul Bureau and Iraq bureau were bombed by the US resulting in the death of Al Jazeera journalist Tareq Ayoub.
David Keogh (50), a Cabinet communications officer, leaked the memo to Leo O'Connor (44), a researcher for anti-war Labour MP, Anthony Clark, who alerted the authorities. Keogh told the court that he felt strongly about the issue and thought that it exposed Bush as a "madman". Keogh was found guilty of breaching the OSA and jailed for six months while O'Connor was found guilty of a similar charge and jailed for three months, at a trial that was largely held
in camera - in front of a jury, but with the press and public banned. The judge told O'Connor that his disclosure was a "reckless and irresponsible action" although the then-Foreign secretary, Margaret Beckett, has implied that government embarrassment was the actual reason for the action.
Following the trial Mr Justice Atkins imposed sweeping gagging orders on the media, but these were quashed at the appeal court at the end of July. Lord Phillips also ruled that speculation about the contents of the memo should not claim to be an accurate representation of the evidence held in secret.
Al Jazeera "UK Men in Court" 25.1.06; Guardian 10.5.07; Free Press nos 157, 158 (March-June) 2007