Two New Filings In the Libby Case

[kpete]

Wanted to point everyone to two new filings (some of you have already seen these, I am sure)in the Libby case:

Friday, Libby filed a hurried request for an extension for submitting one of his upcoming filings (’rush of work’ don’t you know).

And Monday (yesterday), Special Counsel Fitzgerald filed a very comprehensive, thorough, and careful (not to mention diplomatic) Motion for clarification of a key portion of Judge Walton’s April 5th Opinion and Order. Fitzgerald is trying to pin down exactly how Judge Walton is interpreting ex parte filing provisions of CIPA Section 4, as regards arguments about matieriality of classified information. Personally, although carefully constructed to give Judge Walton the benefit of the doubt, I think this Motion hints at the fact that Judge Walton may be slightly over his head in the classified information procedures arena. I hope Judge Lamberth is standing by for some extra tutoring duty in this area for Judge Walton.

The last two documents in this link are the new filings in question:

http://www.udpc.org/libby.html

P.S. Today is also the filing deadline for the journalists/media corporations to comply with their Rule 17c subpoenas from Libby by producing the ‘designated items,’ or otherwise to file motions to quash or modify said subpoenas.

via:http://www.firedoglake.com/2006/04/18/al-gore-rises-to-aid-the-earth-and-run-in-08/#comments


http://www.udpc.org/Libby%2004-17-06%20Amended%20Ex%20Parte.pdf

[leveymg]

1. Thanks for keeping us up to date, kpete.

:thumbsup:

[kpete]

2. Wish I had the whole truth...

I think maybe, we do....

[Lerkfish]

3. once more, in dumbed down english, please? what does this mean?

er... I mean, what is he getting at by this? If he shows Judge Walton is in over his head, what happens?

sorry to appear so dense.

[kpete]

4. There are those at DU

who will make it crystal clear, H20man, Stop the bleeding, are two - Watch for their posts on this subject.

I too am often "over my head"...

[Dunvegan]

5. Yes, I rely on stop the bleeding's threads on filings.

Thank you, STB...your finding and filing of posts have been invaluable.

[Peace Patriot]

6. I defer to H20man, Stopthebleeding and others who are far more

knowledgeable than I on the Libby case, but I think this Fitzgerald filing has to do with Libby's sweeping request to see all that Fitzgerald possesses on these Bush junta criminals, in his defense against charges of perjury and obstruction of justice.

It's hard, at this point, to define the line between the interests of the rest of the junta, and Libby's personal interest in avoiding jail. He may still be in "aspen" mode (acting as the fall guy for Bush, Cheney, Rumsfeld and others) (i.e., his cryptic letter to Judith Miller about the fall season and the "aspens" turning together because their roots are connected). The gist of his claim for "discovery" against the prosecutor seems to be that "everybody was doing it" (leaking, lying, manipulating intelligence, outing Plame and CIA WMD counter-proliferation projects, gunning for Joe Wilson, etc.), although he has not been charged, as yet, with more than perjury and obstruction with regard to Fitzgerald's effort to FIND OUT who did what and why, in the outing of Plame and the CIA WMD project. He's defending against a charge that has not been brought, and thus thinks he has a right to to see everything. But Fitzgerald's investigation is not just of Libby. He is after--and is charged with discovering and prosecuting--WHOEVER was involved in outing Plame/CIA project. To reveal his targets, and everything he so far has on them, to Libby, could destroy his case against higher up's (and the next step up from Libby is Cheney), or against others at or below Libby's rung in the chain of command, who were involved in the conspiracy (Rove? Card? Hadley?).

That's what I mean by not yet being able to draw a line between Libby, and his defense, and the interests of the junta as a whole. Maybe he's fishing for whatever could conceivably get him off the perjury/obstruction hook. Maybe he's been well rewarded in the future, as fall guy, for trashing the case against Bush, Cheney et al.

Prosecutor (or any attorney) assistance to the judge in wading through a difficult, complex maze of the law is not unusual. Judges can't be expected to know every in and out of every law--especially a legal maze as obscure as national security law. That's why lawyers cite cases in their briefs. What I see in these filings is Fitzgerald's extraordinary care in protecting his investigation. I don't think it necessarily indicates a flaw in the judge--just meticulous effort by Fitzgerald.

The journalist/media corporation subpoenas (by Libby) have to do with the Libby (and WHIG?) strategy of planting Plame's identity all over town, so that Libby/White House could not be tagged with outing her. He's probably trying to call up some of the information that he and others planted for this purpose.

And it's quite interesting to see Libby trying to expand the case--way beyond the perjury and obstruction charges against him. (They're STILL involved in "outing," apparently. NOW they want to "out" the case against the White House for "outing" our own covert agents!). Meanwhile, Fitzgerald wants to limit how far Libby can expand it--because his case against Libby is not about Plame. Perjury and obstruction are a means by which to snag perps whose asses are well covered. He is sweating Libby--and others--on the main crime (or crimes).

I wouldn't want to play chess with Patrick Fitzgerald.

[kpete]

7. Thanks Peace Patriot

I would not want to play chess with him either...