Libby Judge Is Allowed To View Reporters' Notes

WashPost ^ | 5-17-06 | R. Jeffrey Smith

[STARWISE]

Several media organizations agreed yesterday to let a federal judge overseeing the trial of former White House aide I. Lewis "Scooter" Libby review reporters' notebooks and other materials related to their work in the CIA leak case.

The New York Times and Time magazine said at a court hearing that they will turn over the materials to U.S. District Judge Reggie B. Walton this week so he can decide whether they must be shown to Libby's defense team.

(snip)

The two publications, plus NBC, had filed motions seeking to quash subpoenas filed by Libby's attorneys on the grounds that the requests were too sweeping and that some of the material did not exist, was irrelevant or is protected. The Washington Post and CNN separately turned over enough subpoenaed information to satisfy Libby's attorneys; The Post said in a statement that it did so without violating promises to its sources.

Walton indicated that he accepted NBC's argument that it had no relevant materials.

Libby lawyer William Jeffress said that "for better or worse, the press is right in the middle" of the trial. But Walton expressed skepticism about the defense requests, noting that the court "has to be cautious" about releasing information related to journalists' sources.

Walton said he wanted to see some of the disputed materials to decide for himself whether they were germane. He also said he is likely to retain some of it until the trial and make it available to Libby only if it conflicts with courtroom testimony.

Much of yesterday's hearing concerned the notebooks of former New York Times reporter Judith Miller, who spoke three times with Libby about Wilson's work in June and July 2003 and made repeated reference in her notes to Plame.

[STARWISE]

The Times has provided Libby a redacted copy of the notebooks, but Jeffress argued that Libby needed to see other names and phone numbers in Miller's notebooks to determine who else she spoke with about Plame and if her memory about all the related conversations was confused.

Jeffress said the defense also planned to seek Wilson's testimony at the trial about his report for the CIA and to bring up subsequent comments by Wilson to reporters that Jeffress said were untruthful. But Walton responded that the charges concerned Libby's statements and that Wilson's credibility is not "at issue here."

[STARWISE]

Pong!

[STARWISE]

But Walton responded that the charges concerned Libby's statements and that Wilson's credibility is not "at issue here."

Liars can lie freely, legally and liberally ....... jeesh.

[digger48]

But Walton expressed skepticism about the defense requests, noting that the court "has to be cautious" about releasing information related to journalists' sources.

Um....isn't this what it is supposed to be all about?

[STARWISE]

Wackjob mentality, no?

[antonico]

Again, Wilson becomes an issue and subject to appear because Fitzgerald already told the judge he's planning on admitting Wilson's NY Times Op-Ed into "evidence". I'd think that would make him eligible to be called by the defense, since his own writings are being entered into the record as evidence against their client.

[lexington minuteman 1775]

AP WIRE: 5/14/26. Today special investigator Fitzgerald finally ended his investigation into who leaked Valerie Plames name. The statute of limitations has long expired and Fitzgerald said he was taking a well deserved fishing trip.
President George Prescott Bush said his family had thought the investigation had gone on for way too many years./sarcasm alert.

[Owen]

It is very strictly and narrowly about perjury.

[Texasforever]

noting that the court "has to be cautious" about releasing information related to journalists' sources.

Isn't he the one that jailed Miller?

[Texasforever]

It is very strictly and narrowly about perjury.

That may be so, however Libby's defense is shaping up to be he would have had no reason to lie given Plames status was already widely known. If Walton could jail Miller for contempt because should would not reveal her sources it makes absolutely NO sense that he is now worried about reporters' sources when it comes to Libbys' defense.

[STARWISE]

I'm sure Wilson is on Libby's witness list .. and praise the day when he gets grilled, if it ends up in trial.

[Lancey Howard]

This can't be good. The NY Times and Time would never agree to anything that would help Libby. Anything helpful is long gone (or "redacted").

[Dolphy]

Could you add me to your ping list.

[STARWISE]

OK

[Enchante]

Unbelievable. Another wildly incompetent 'reporter' writes on this case.... this guy doesn't even know that Lyin' Joe never "wrote a report for the CIA"......... he got to give a light verbal debriefing while not signing the standard non-disclosure agreement so that he would be free to attack the WH at any time.

"...Wilson, who wrote a report for the CIA questioning one of the major rationales for the invasion of Iraq and publicly accused the administration of twisting intelligence in the run-up to the invasion."

[SE Mom]

Walton indicated that he accepted NBC's argument that it had no relevant materials

---

Does this mean Russert is as irrelevant as we all suspected? ;)

[EQAndyBuzz]

"U.S. District Judge Reggie B. Walton "

Appointed by Bush in 2001. At least it won't be a slam dunk against Libby.

[Howlin]

Scooter Ping

[Spirited]

The Bushes deserted Libby.

[MNbelle]

Could I please be added to your ping list. Thanks.