Judge Walton in Libby case says Fitz can dismiss charges

[Holly_Hobby]

if classified docs will threaten national security...

Fitzgerald given way out of Libby CIA leak case
Judge says he can dismiss case if classified secrets will be revealed

Former White House aide I. Lewis "Scooter" Libby, indicted on perjury and obstruction charges last year in the CIA leak scandal, will have closed hearing to determine if he may use classified material as part of his defense.

By Joel Seidman
Producer
NBC News
Updated: 2:36 p.m. ET Sept 21, 2006

WASHINGTON - The judge in the CIA leak case ruled Thursday that if Special Counsel Patrick Fitzgerald feels that admitting certain classified documents at the upcoming trial of I Lewis "Scooter" Libby can jeopardize national security, Fitzgerald can then move to dismiss the perjury charges against Libby.

Judge Reggie Walton cannot automatically allow classified materials to be admitted at trial. He first must go through a series of closed hearings under CIPA regulations. CIPA, the Classified Information Procedures Act, protects and restricts the discovery of classified information in a way that does not impair the defendant's right to a fair trial. It also allows the government to propose a redacted version of a classified document as a substitution for the original, having deleted only non-relevant classified information.

In his ruling this morning, the Judge Walton, has given a technical legal victory to Libby's attorneys concerning the admissibility of classified materials they want to present at trial for their defense.

...

Walton disagreed with Fitzgerald and favored Libby's attorney's argument that in reviewing the classified material to be presented at the hearing, he must simply apply the Federal Rules of Evidence.

http://www.msnbc.msn.com/id/14941062/

[Catherine Vincent]

1. But that doesn't mean my baby will!

Fitz!

[Kutjara]

2. That's a ruling worthy of Kafka.

Libby can be given a pass on charges of leaking secrets if the documents needed to prove the case are themselves secret. So state secrets are vitally important to keep, but not important enough to prosecute someone for leaking them. Ooh, my head is spinning. Time for a nap.

[Frustratedlady]

3. Cute. Especially for an administration that classifies most everything.

Pass the aspirin.

[lumberjack_jeff]

11. Well put.

[Holly_Hobby]

4. Who is Judge Walton, you may ask

Nominated to US District Judge in DC by GWB in June, 2004. Previously served as Associate Judge for Superior Court of DC for Reagan and GHWB. He also served GHWB's Associate Director of the Office of National Drug Control Policy and White House Advisor for Crime.

http://www.dcd.uscourts.gov/walton-bio.html

[Holly_Hobby]

5. Dupe

.

[Missy Vixen]

6. This is insane

>The judge in the CIA leak case ruled Thursday that if Special Counsel Patrick Fitzgerald feels that admitting certain classified documents at the upcoming trial of I Lewis "Scooter" Libby can jeopardize national security, Fitzgerald can then move to dismiss the perjury charges against Libby.<

Uh, I don't think so. Walton's going to let Libby walk on perjury and obstruction of justice because the defense is attempting to graymail their way out of court?

Go get 'em, Big Daddy.

Julie
still president for life of the PFEB

[Frustratedlady]

7. Question: When a grand jury has finished their session...

can the jurors tell what happened, or is it forever secret?

[Holly_Hobby]

8. Kick for the morning crowd n/t

[H2O Man]

9. That is not a big deal.

Not yet, anyway. It's a victory for Team Libby. But let's look closer: first, Judge Walton is saying what his position mandates that he say, after making the ruling he made. It is neither a surprise, nor is it his attempting to influence Mr. Fitzgerald in deciding what his next move will be.

It is possible that Mr. Fitzgerald will decide to appeal Judge Walton's ruling. He can do that before the case goes to trial. It would not be the first time in this case that Judge Walton has made a ruling that he later amends. Also, Mr. Fitzgerald can step the single issue up a level. That may be the most likely thing.

In a case as complex as this, it is not possible that one side is going to win every single issue in the numerous pre-trial hearings. That is just not going to happen. Mr. Fitzgerald is an outstanding legal mind, but Team Libby is also composed of some very talented lawyers. (Keep in mind that they did their best to work out a plea deal for their client, who -- in the days before being indicted -- rejected it because it called for significant incarceration.)

Also, Mr. Fitzgerald would not be the person who decides that the administration would refuse to allow the classified material to be used in the trial. I will say this: that material might reflect far worse on VP Cheney than did his copy of Wilson's op-ed. It would be the White House's decision. And, if by some chance the White House refused to allow their use in trial, I think that a new congress might be interested in that.

I would prefer that Judge Walton ruled otherwise. But I'm also aware that Team Libby would have used that issue for appeal. It may be better that it happens this way.

[savemefromdumbya]

10. who decides if documents actually threaten national security?

who decides to classify - Dick Cheney? this administration can classify everything to cover their 'behinds'