Posted on 03/15/2006 6:33:04 PM PST by Cboldt
WASHINGTON -- Lawyers for I. Lewis "Scooter" Libby on Wednesday challenged the government in a dispute over classified information, saying prosecutors should not be allowed to present the information to a judge out of the presence of the defense.
At issue, according to a court filing, is data that Special Counsel Patrick Fitzgerald wants to present to U.S. District Judge Reggie Walton. The prosecutor wants to convince the judge that Libby is not entitled to have it in preparation for his trial next January.
The government's assertion that it must proceed in this way in order to protect national security "rings hollow," Libby's lawyers said in court papers.
Libby "has diligently protected some of this country's most sensitive secrets throughout his many years of public service," the lawyers added.
In arguing for keeping classified information away from the defense, Fitzgerald has noted in court papers that the underlying criminal activity Libby is charged with is the failure to adequately safeguard sensitive classified information.
The former chief of staff to Vice President Dick Cheney was indicted on five counts of perjury, obstruction and lying to the FBI about undercover CIA officer Valerie Plame. Plame's husband, Joseph Wilson, went public on July 6, 2003, with allegations that the Bush administration had twisted prewar intelligence to exaggerate the Iraqi threat from weapons of mass destruction. Eight days later, Plame's CIA status was revealed by conservative columnist Robert Novak.
Libby's lawyers said the prosecution "continues to talk out of both sides of its mouth" regarding classified information.
"When drafting an indictment, or holding a press conference, or seeking to exclude Mr. Libby from the discovery process, the government asserts that Ms. Wilson's employment status was classified," the defense team wrote. "But when Mr. Libby seeks to test that assertion, the government reverses field."
Last Friday, Walton ordered the CIA to turn over highly classified intelligence briefings to Libby to use in preparing the aide's defense against perjury charges. The judge rejected CIA warnings that the nation's security would be imperiled if the presidential-level documents were disclosed to the defense.
This whole thing is such an incredible joke. 2 years and a zillion dollars and they can't even say if she was covert.
Yes . Our tax payments on parade. And they wonder why more and more americans recoil at the at the overpowering stench.
sorry it wasn't CIALEAK keyworded.
Probably still isn't.
I thought It was because Libby lied to Fitz, not about sensitive information.
It is. I'm not sure what Yost is referring to.
"I'll have some of whatever he's having."
Not only has it cost the taxpayers zillions of dollars, the legal bills for Libby will be enormous, even with the Defense fund.
IMHO, this is prosecutorial abuse to the nth degree.
Yes, I understand the perjury charges are legally unrelated to the issue of Valerie Plame's staus. That being said, if Fitzgerald had determined she was not covert from the very beginning , it should have been over. Period. End of story.
But then what would Chris Matthews have to talk about for a year?
Help me here....what is Fitz doing?
I thought under the Defense was always supposed to have access to the evidence....
But, what do I know...pretty much zero about the law.
Basically, that the security information isn't relevant. Judge Walton disagreed, saying that Libby needed some information to refresh his memory of all the important stuff he had in his mind, in order for Libby to mount a "preoccupation defense."
The judge disagreed with Fitz, and said Libby should be able to get some information.
Today's news is that Libby isn't happy with Judge Walton's ruling. Judge Walton's ruling is discussed at ...
No. Yost isn't a very good legal writer.
His lack of skill will cause all sorts of fun posts here though ;-)
The rising star of John McCains presidential bid ? Oh wait nevermind......
Mr. Libby: you want to be taken seriously? Dump the name "Scooter".
Okay, I give. Help us thrill seekers out here! Libby was seeking other info from what his team requested?
No kiddin'! How did that name come about?
No. Libby was seeking the PDB's. Fitz said "no way, the defense doesn't need them." Judge Walton "split the difference," and Libby isn't happy with the split. Probably Fitz isn't happy with the split either.
Details of requests and the split at ...
http://www.freerepublic.com/focus/f-news/1594143/posts
Note: You'll have to "read through" part of that thread to get to the details, but ALL of the details are expressed or linked from there.
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