OH MAN! I sure hope THIS doesn't happen!!!!!

[napi21]

I'm listening to Bernie Ward, filling for Copeland this AM on KGO radio. He was just talking about a ploy that Libbys lawyers may be pulling.

They're asking for many classified Doc. from the Feds, and say they're going to make them public during Libby's trial. The Feds then say NO, we won't release them, and the judge buy's the story that Libby can't properly defend himself without those docs, and he dismisses the case!!!!!

Bernie said this tactic was used in parts of the Iran Contra case, and it worked then!

Dear God, I hope this doesn't work with THIS judge!!!!!

Edited for spelling.

[Mist]

1. We can hope that Fitz has planned for this kind of end-run. nt

[proud2BlibKansan]

2. This has been posted a couple times before

Sounds pretty far fetched to me.

[stepnw1f]

3. It's Called Grey-Mailing

I think....

[napi21]

4. Yep, Bernie said that too. I just hope it doesn't work this time! n/t

[stepnw1f]

6. They are Trying

but I read posts here that make me feel it won't work this time. Only certain documents were considered. We'll see though.

[Kingshakabobo]

5. There is a fundamental difference between the two cases.

The crimes of Iran Contra happened WITHIN the inner workings of the classified intelligence apparatus. Plame is a leak and cover-up of classified information. To prove these crimes Fitzgerald doesn't have to dissect the intelligence apparatus. In other words, the crimes were incidental to the intelligence community right off Rove/Libby's desk.

[Karmakaze]

7. Wait, how can that work?

The government uses classified documents in terror trials all the time, they simply request that the judge go into closed session or some such device so that the document can be used in evidence, but not be made public.

If the prosecution simply makes the same requests for these documents Libby asks for, then if Libby or his team make them public they can be done for not only ignoring the judges order but breaching classification, which in itself would be a greater crime than he is currently charged with.

It seems to me that such a threat would not be useful.

[robinlynne]

8. I like the way you think!

[napi21]

9. The point is it would be a way for Shrubco to get Libby off.

Libby's lawyers say they can't properly defend their client without the Docs, and the Gov't refuses to give them up. Judge agrees with Libby's lawyers and says case can't be defended fairly without the docs and since the gov't says they won't release them "National Security issue, ya know" judge dismisses the case.

The other comment that was made is that the Feds could use the "I can't find them, but we're continuing to hunt" argument!

[Karmakaze]

10. I dunno....

That would be so transparent an act, that it would seem to be obstruction of justice and be even MORE damaging to Bush co than just letting Libby take the rap then pardoning him. Remember they don't HAVE to get Libby off. All they have to do is keep the trial process going long enough so that Bush can pardon him after this years election.

No, I think that either way, this would be a counter-productive tactic.