May 08 2006
Liberal Alternet Confirms Walton’s Order To Fitz
In this previous post I noted that Judge Walton, who is overseeing the Libby case, denied Team Libby marginal information about Joe Wilson’s 2002 Niger trip in order to impeach his testimony and his comments at the time (plenty of sources for that), but did give Team Libby a big win on getting government information regarding the declassification of the NIE which was the thrust of Libby’s discussions with the media (not Plame). The uber-liberal site Alternet confirms that this was the case and Fitzgerald was ordered to turn over the information.
…although he {Judge Walton] did order Special Counsel Patrick Fitzgerald to turn over evidence — if he has any — of when and how President Bush and Vice President Cheney decided to declassify part of a secret government intelligence report on Iraq so Libby could disclose it to Miller in an effort to discredit administration critics in 2003.
I cannot wait to see the transcript on this subject! And watch this date – May 16th. That is when Walton will probably order the media to fulfill most of Libby’s requests.
The matter will come to a head on May 16th, when the concerned parties are to appear for oral argument before Judge Walton. What will happen thereafter is a matter of conjecture, but one lawyer close to the case – who requested anonymity because, like Miller, he didn’t want to antagonize Judge Walton by commenting for attribution – explained the context of the complicated legal wrangling: “Libby is entitled to discovery of evidence that is material to the preparation of his defense. The judge must decide whether the material requested under the subpoenas is relevant in that context. Thus far he has resisted attempts by the defense to pry out these sorts of documents. But the final disposition is highly discretionary with the court.”
My reading of the last transcript has convinced me that the Judge will allow Libby to make his case regarding the concept that there is information out there, in the media’s possession and in Fitzgerald’s possession, that will show there was not vast effort to get the Wilsons. There will be numerous documents outlining the response plan and numerous discussions with reporters where Plame was not mentioned. Watch this space!
This is a thing that bugs me.
Libby can’t get information that he was priveledged to prior to his exit from the VP’s office, it is only guarded by the “investigation” which should be over, since there was clearly no underlying crime. If that is clear, and the continuing investigation involves secondary crimes, then all info concerning the underlying crime which is the source of the current accusations, then all that information need no longer be shielded, should be released.
Libby deserves to face the primary charge of the prosecutor, and by “charge” I mean JOB! Bush said “if there was a crime committed. . . . ” Fitzgerald wasn’t charged with FINDING a crime, but in identifying the facts, and seeing if there was a crime. His convoluted baseball argument that showed more about how little he knew about baseball than the guilt of libby in essence proves that there is no proof of an underlying crime, and a lack of proof, is an in fact admission that there was no underlying crime.
Libby has the right to say “why was I questioned so friggen much when there was no crime?”
Why has the ditz-gerald been toying around with possibly indicting Rove? If he was going to do NOTHING, we wouldn’t have called him in for another visit to the Grand Jury.
Given that Fitz-the-Ditz loves to play the media game; why not think that by May 16th we’ll know if the pErsecutor moves on Rove. Or not. For how long does the game go on?
And, IF Walton doesn’t allow Libby access to materials where he can prepare a defense, can some of these questions go TO APPEAL, and perhaps to SCOTUS? Instead of it all to be played out in Walton’s court?
The other option? Fitz has to drop the case if the judge forces the issue on materials that can only embarrass the pErsecutor.
Let alone that by May 16th, we’ll know afew things about Congress.
ONE: Does Hayden get confirmed? OR shunted into a time capsule that would only get opened in the Fall?
When the Budget reaches Bush’s desk, does he VETO?
IF the congress-critters were hoping for impeachment proceedings; where’s the massive desire from the public?
It seems all the congress-critters have is an interested Internet, where people are reading about this news without getting tired.
Don’t politicians who run, have to worry that if they anger the public, they lose out on contributions? And, worse? What’s worse? A lost of volunteers. You don’t think this could happen?