Posted on 10/31/2006 8:33:12 AM PST by NormsRevenge
WASHINGTON - Special Prosecutor Patrick Fitzgerald and former White House aide I. Lewis "Scooter" Libby are asking a federal judge not to allow three years of politically charged backstory in the CIA leak case to seep into Libby's perjury trial in January.
In new court documents, Fitzgerald argued that he shouldn't have to explain why Libby was charged while others, including the source of the leak, escaped prosecution. Libby said jurors shouldn't hear about New York Times reporter Judith Miller's 85-day jail term for refusing to discuss her conversations with him.
The court documents, filed late Monday, are an effort to keep the trial focused on whether Libby, the former chief of staff to Vice President Dick Cheney, lied to investigators about his conversation with reporters regarding CIA officer Valerie Plame.
Libby's supporters have accused Fitzgerald of singling him out while not charging the source of the leak, former Deputy Secretary of State Richard Armitage. Fitzgerald wrote Monday that discussing that issue would be irrelevant.
"If Mr. X was investigated for leaking classified information, the government's decision not to charge Mr. X should have nothing to do with the jury's role as the finder of fact in Libby's case," Fitzgerald wrote.
The prosecutor is trying to prevent Libby's attorneys from making the argument that Libby had no reason to lie because, if he had leaked classified information, prosecutors would have charged him with it.
Similarly, Libby's attorneys said it would be unfair for prosecutors to discuss Miller's refusal to testify or the lengthy court fight involving other reporters. Miller cooperated with investigators after serving 85 days in jail.
"The introduction of these issues would undoubtedly cause jurors to wonder whether Ms. Miller went to jail in an effort to shield Mr. Libby from liability, and whether Mr. Libby is to blame for her incarceration," defense attorneys wrote.
If such testimony is allowed at trial, defense attorneys said they might have to call Fitzgerald as a witness to discuss his role in getting Miller and others to testify.
Plame believes her identity was leaked as retribution for her husband's criticism of the Bush administration's prewar intelligence on Iraq. Defense attorneys also asked a federal judge to block discussions about whether Plame's CIA status was classified or whether releasing that information jeopardized her safety or national security.
Valerie Plame Wilson, former United States CIA officer who once held non-official cover (NOC) status and wife of former Ambassador Joseph C. Wilson IV poses as she arrives as a guest at the 25th Anniversary Spirit of Liberty Awards presented by the People for the American Way in Beverly Hills, California October 10, 2006. REUTERS/Fred Prouser (UNITED STATES)
Fitzgerald should be required to explain why he questioned Scooter in the first place after determining that there was no crime to investigate.
Fitzgerald should explain why the entire source of this nonsense, Joe Wilson, a proven liar and political operative, was not questioned under oath about his numerous inconsistencies and 180-degree turnarounds on his statements. This Fitzgerald fellow seems to have the IQ of an eight-year-old. Unless he is a DemocRAT party operative himself, and/or talking payments from the RATs. The bottom-line story is that this is a contrived scandal brought about by the professional liars in the Democrat party and the media, and can be thoroughly explained in less than fifteen seconds.
Jeez. Is this STILL going on?
There is NEVER going to be a Fitzmas. The fuel driving this is coming from people who have used just about their whole arsenal in trying to remove the Bush Administrtion from office, and frankly, they are down to using candle wax to keep things going.
Low-octane candle wax at that.
Liberals shouldn't have to come clean.
Next you're going to be asking them to present the truth - how offensive...
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