Iraqi docs can be used against Texas oilman in oil for food case

Houston Chronicle:

The jury in the criminal trial of Houston oilman Oscar Wyatt, scheduled to start next week, can be told about an Iraqi document that suggests he discussed American troop levels and possible dates for an attack with a member of Saddam Hussein's regime before the U.S.-led invasion in 2003, a federal judge ruled today.

Wyatt, 83, is slated to stand trial starting next week on charges he funneled millions of dollars in illegal payments to Saddam's government in order to win lucrative oil export contracts under the United Nations' oil-for-food program.

U.S. District Judge Denny Chin ruled prosecutors could present as evidence handwritten notes purportedly made by an Iraqi oil official, which say Wyatt conveyed information about when the United States might begin bombing, when ground forces would be sent in and how many soldiers would be deployed.

Wyatt's attorneys say such information was discussed widely in media at the time. But in a motion to exclude the document, they expressed concern about the reaction a jury might have to the document they say "essentially alleges Wyatt has committed the deplorable crime of treason and aided an enemy of the United States."

Prosecutors had argued the document helped demonstrate the lengths Wyatt would allegedly go to demonstrate his "loyalty and worthiness" to Saddam's regime. But they also argued the defense team exaggerated the impact the document might have.

The notes, dated Jan. 27, 2003, were allegedly found in the diary of Mubdir Al-Khudhair, a former official with Iraq's State Oil Marketing Organization or SOMO. Prosecutors say they record a meeting Wyatt had with Al-Khudhair at the Iraqi oil marketing company.

Written mostly in Arabic, the notes, according to an English translation provided to the government by Al-Khudhair himself, read: "The current schedule is that the bombing will start on 2/15. At that time there will be 160-180 thousand American soldiers. The ground attack will start at the beginning of March."

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Wyatt's predictions were not accurate, but the prosecution believes his statements indicate where his loyalties were. I think the documents will be difficult to explain to a jury so this is a real early win for the government, but cases like this are made up of many brush strokes before the picture pops up in the jury's mind and they make a decision. It will be a pretty interesting trial.