Posted on 03/10/2006 2:59:15 PM PST by Solson
By Andy Sullivan 25 minutes ago
WASHINGTON (Reuters) - The CIA must provide summaries of its top-secret intelligence briefings to a former vice presidential aide so he can defend himself against perjury charges, a U.S. judge ruled on Friday.
| ADVERTISEMENT |
The ruling is a partial victory for Lewis "Scooter" Libby, who is charged with lying to the FBI and a federal grand jury during an investigation into who disclosed the identity of a CIA operative in 2003 after her husband criticized the Bush administration.
Libby's attorneys have sought access to the daily security briefings he received from the CIA to bolster his defense that he was too preoccupied with national-security matters to accurately remember conversations he had with news reporters about the operative, Valerie Plame.
Special Prosecutor Patrick Fitzgerald has argued that Libby doesn't need to see the classified material to prove that he was a busy man, and at one point said the request was a tactic to get the case thrown out of court.
Judge Reggie Walton ruled that the CIA must give Libby copies of the reports with the classified information removed, or a separate summary of the topics covered in each briefing.
Walton also ruled that the CIA should tell Libby what inquiries he made during the briefings -- material that could help show what he had on his mind during the time in question.
"Preparation of this defense can be accomplished with a general topic description of the matters presented to the defendant during his morning intelligence briefings. These general descriptions ... would provide the defendant everything he needs to prepare his preoccupation defense," Walton wrote.
Libby had sought access to nearly a year's worth of intelligence briefs leading up to his appearance before the grand jury in March 2004.
He scaled back his request earlier this week after the CIA said it would take at least nine months to produce the documents.
Walton said the CIA must turn over briefings presented to Libby in the month and a half before Plame's identity was exposed by columnist Robert Novak in July 2003, as well as during periods when Libby spoke to the FBI and the grand jury.
The White House and the CIA have until March 24 to challenge the order, Walton said.
Libby spokeswoman Barbara Comstock said she was still reading the opinion and not ready to comment. A Fitzgerald spokesman declined to comment.
Libby is scheduled to stand trial in January 2007.
FYI
Ah, the plot thickens.
"Judge Reggie Walton ruled that the CIA must give Libby copies of the reports with the classified information removed."
I'm not sure if his lawyers should accept that. If a slimeball like Fitzgerald can be trusted with this secret information, why not Scooter Libby, who I'm sure had a top-top security clearance?
I would have rather a spirited ripping apart of Fitzgerald's investigation, but it's not my ass looking at prison. Libby's lawyers are doing the job they are paid to do and they're doing it well.
All the time the scum lawyers are "on-the-clock". Then there's the ole "Potomac Shuffle" - can't get a fair trial because we can't get the classified info. Shakespeare was right.
That will leave a mark on Fitzgerald's arse.
Good deal ... I wonder if the CIA will agree. Fitzie's turning a bit green, I suspect .. just in time for St. Paddy's.
It isn't Scooter that they don't trust to have the info. It's his lawyers, etc that are being questioned. from another article recently posted:
The judge said the CIA can either delete highly classified information from the briefing material and provide copies of what Libby received six days a week, often with Cheney. Or, Walton said, the CIA can produce "topic overviews" of the matters covered in the briefings.
Another Scooter bump!
Thanks for the updates.
They are much appreciated.
Yes, I suppose they could make that argument. But it conflicts with the basic legal principle that the defense should have access to the same materials as the prosecutor. It's one reason why cases involving secrets are hard to make.
Sounds like Patrick "Patty" Fitzgerald is getting nervous.
That sounds annoyingly close to the argument Hillary made in the 70's that Nixon didn't need a defense lawyer to advise him as the Judicial Committee in the House was making preparations for impeachment hearings.
Annoyingly close. Hmmmm, I wonder why...
Pinz
bttt
Looks like Wen Ho Lee's lawyer is worth the money.
Thanks for the pings.
Wooooooooooooooooooo hooooooooooooooooo...this is good news! Thanks for the ping.
An easy out for the CIA would be to release in some of that information the fact that Plame was not a undercover agent by merely making reference to her desk position in some of the briefings.
Good catch!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.