Judge to weigh evidence in CIA leak case (Libby trying "graymail" tactic)

[sabra]

http://www.sunherald.com/mld/sunherald/news/politics/15613451.htm

Judge to weigh evidence in CIA leak case
Associated Press

WASHINGTON - A closed-door hearing beginning Wednesday will deal with a crucial issue in the trial of a former White House aide: whether President Bush's daily terrorism briefings and other sensitive documents should be disclosed in the CIA leak case.

The hearing, which could last several days, will help establish what classified information is relevant to the case against Vice President Dick Cheney's former chief of staff, I. Lewis "Scooter" Libby.

...

Libby wants to use the daily intelligence briefings and terrorism threat assessments as evidence to show he had important things on his mind and honestly didn't remember details about his conversations with reporters.

Prosecutors have said Libby is trying to sabotage the case by requesting so much classified information that the government will be forced to withhold it and let the case be dismissed. It's a legal tactic known as "graymail."

[acmavm]

1. Here's where we find out if Fitz's reputation is truth or just

legend.

[Kagemusha]

4. Please. He's proven himself with many many other cases

The judge is holding a hearing where the issues will be aired. What he ultimately decides is not something any prosecutor can control. All the prosecutorial side can do here is make arguments as eloquently as possible and hope that the judge makes a decision that will further the overall interests of justice and enable the case to proceed. This is due process, the sort of thing that Bush is busy having Congress deny to American citizens and foreign detainees held as enemy combattants. It's the American way.

If it goes against Fitz, that's really too bad, but absolute certainty isn't available.

[Supersedeas]

2. Wonder if the networks have the integrity to discuss the 'graymail' tactic

[Ian David]

3. Don't Republicans believe it's okay to be convicted on "Secret Evidence"?

In fact, shouldn't Libby be waterboarded?

[Kagemusha]

5. If Libby is convicted, it will NOT be on "Secret Evidence", for the record

Because he still has his constitutional rights.

[cascadiance]

6. Judge Reggie Walton has a history of dismissing cases...

in civil court for reasons of "State Secrets Privilege" (i.e. Sibel Edmonds, etc.).

This looks to be the way to dismiss criminal cases in a similar fashion. A little more work involved than they seem to be doing with civil cases, but nevertheless sounds like the same strategy and outcome desired.