Posted on 05/26/2006 10:19:19 AM PDT by Enchante
WASHINGTON - A federal judge on Friday ordered Time magazine to turn over documents for a White House aide to use in his defense to perjury and other charges in the CIA leak case. ADVERTISEMENT
The order by U.S. District Reggie B. Walton also said the New York Times might have to turn over some information but reduced the scope of documents the newspaper and other news organizations would have to provide to lawyers for the defendant, former top vice presidential aide I. Lewis "Scooter" Libby.
Citing a lack of relevancy, Walton said that Judith Miller, a former Times reporter, doesn't have to provide two notebooks, her phone records or appointment calendars to lawyers for Libby, Vice President Dick Cheney's former chief of staff.
Walton also said NBC News does not have to provide Libby's defense team with one page of undated notes taken by correspondent Andrea Mitchell because she is unlikely to testify at Libby's perjury trial, which is set for January.
In granting in part and denying in part Libby's subpoenas for the media's records, Walton ruled that reporters do not have a right to refuse to provide notes, drafts of articles or other information in a criminal case.
"The First Amendment does not protect a news reporter or that reporter's news organization from producing documents ... in a criminal case," Walton wrote in a 40-page ruling.
hehehehe
Apparently the MSM totally loses on arguing that their notes and materials cannot be subpoenaed by the defense for this case. On the other hand, in reviewing the actual notes the judge seems to be saying that only Cooper's notes show something relevant (notes of other reporters such as Miller would only be admissible if their testimony is at variance with their notes). Anyway, it's at least a partial win for Libby's defense, and it will be interesting to see whether TIME Magazine complies now.......
I can hear Time now: "Why should we provide documents to the very person we threw to the wolves based upon the documents? He knows what he did!"
Will this send Crissy Mathews over the edge?
I'd like to see the notes from the reporters who attended the media open house at the Plame residence on July 6th, 2003.
Expected MSM spin: Jack-boot judiciary, acting on orders from White House, destroy last vestige of free speeech in US. Repression of media threatens to curtail news coverage of impending military takevover of our once-free nation. Film at 6 and 11, with weekly series beginning Tuesday. Six page special report available in Sunday's paper.
And what the MSM and their lawyers don't realize is that by contesting this, they're actually going to end up eroding their precious "press shield" laws and concept. Now there's precedent.
Ooops,
Fight. They'll burn those notes and take the destroying evidence rap before they turn them over to Libby's lawyers.
Pissy Matthews went over the edge a long time ago. :)
Game over, man.
They're probably working with Dan Rather now to produce documents that will somehow incriminate Rove and the Prez in this.
Matthews over the edge?.....Only TIME will tell.........
Is Rush on your Ping list? He just switched to this article.
And paraphrased post #8.
He certainly did. I even briefly wondered if Rush was posting as ClearCase_guy
Ha ha... Media smackdown on aisle 4...
From York, quoting Walton:
"After the Court’s examination of the documents, there is no question that they are relevant...The admissibility of these documents again turns on whether they can be used as impeachment evidence...upon reviewing the documents presented to it, the Court discerns a slight alteration between the several drafts of the articles, which the defense could arguably use to impeach Cooper. This slight alteration between the drafts will permit the defendant to impeach Cooper, regardless of the substance of his trial testimony, because his trial testimony cannot be consistent with both versions...Cooper’s documents will undoubtedly be admissible...they will undoubtedly be admissible for impeachment."
Looks like Rove might be off the hook for good.
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