
According to the AP and MSNBC, Judge Walton issued a ruling on Friday that restricted access to some classified documents that Libby was requesting for use in preparation of his defense and potentially for introduction at trial.
The ruling stems from some in limine motions that were filed in camera with the Judge (meaning that Team Libby was not privy to the motions at filing due to the sensitive nature of the documents and classified information involved) -- motions were filed both by Special Prosecutor Patrick Fitzgerald and by lawyers for the CIA, requesting that certain documents be withheld from Libby on the grounds that to reveal information contained therein would be potentially harmful to national security. Judge Walton appears to have agreed with the motions, after the 8/16/06 hearing. (See coverage here and here on the motions hearings on the initial various documents requests and the judge's rulings thereon.)
From MSNBC:
Judge Reggie Walton, writes in a court filing, that he has "carefully reviewed" the requests to withhold the documents from Special Counsel Patrick Fitzgerald, and from the CIA, which were provided to him ex parte, in camera, and found that the documents should be omitted from the classified materials requested by Libby's attorneys.Judge Walton writes that the documents he has withheld are, "extremely sensitive and their disclosure could cause serious if not grave damage to the national security of the United States."
It has to be difficult for Scooter Libby to be on the outside looking in at this point, but I have to say that I am pleased that Judge Walton put the national security of the nation at the forefront in his initial CIPA rulings. These sorts of ex parte decisions are difficult from a judicial standpoint, and judges often bend over backwards trying to find some way to allow for some of the information contained in the materials to be given to defense counsel if at all possible and relevent, simply to be fair to the defendent preparing for a criminal trial. Judge Walton ruled that the documents which are to be withheld are simply not relevent to Libby's defense.
Libby will be given access to a limited number of other classified document summaries and other materials under the judge's ruling and per agreement between Libby's trial counsel and Patrick Fitzgerald as previously discussed in prior hearings.
That there is material so sensitive in this case that Libby is not entitled to it at all -- and my guess is that a lot of it is the PDB information that Libby brazenly requested -- speaks volumes to me in terms of what was endangered by him and Karl Rove opening their yaps in order to exact some political payback and CYA for Dick Cheney and the Bush Administration.
Putting personal political fortune ahead of the security of the entire United States during a time of armed conflict to cover your bosses' asses for lying the nation into war? Now THAT is unpatriotic.
For some reason -- most likely because the cable folks appear to be working on a line near our house at the moment -- my access is wonky this morning. So I haven't been able to pull the opinion itself off PACER for review without causing my system to crash (twice now -- arrgh). If anyone has pulled the case and would be willing to send me a copy, I would be much obliged. (Although the way things seem to be going this morning, I may not get it until later today. SIGH Don't these cable people know not to work on things until later in the afternoon?)
On the Wilson civil suit front, there has been a lot of discussion about the strategy involved with Dick Cheney having been included in the suit, whether actions were private or public, and so on, under the Paula Jones suit precedents. (See here and here for some brief background.) Am slogging through some case law precedents on this -- as you can imagine, I haven't spent my legal career bringing civil suits against high ranking federal officials, so this is newish territory for me, and requires a bit of research for analysis. I promise to try and get everyone something on this at some point this week, as time permits.
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Fitz!
CHS!!
FITZ!!!1!
Yessssssss!
Sorry, folks. This was a first for me…or, wait. It was a zero.
Zero turns into one, Lindy. Congratulations!
Well I was about to post this below so I’ll just leave it here:
I think the dog days technically started about 6 weeks ago (I only know about this because my birthday, July 23, used to have something to do with them). Anyway though, when they’re in full force there are few better snacks than tomato slices, refrigerated for a short time, maybe a couple of hours, and topped with either salt & pepper or hot sauce.
(Incidentally, this is my first post in a while and only my second or third this year but even when my time is stretched I always read what’s here).
It also seems, Christy, that Team Libby doesn’t get to muddy the waters by conflating national security with good ol’ obstruction and lying.
“by he”??? *tsk* *tsk*
Finish your coffee and try again.
You can post it below, Adam. “Chair” threads are evergreens, and constantly referred to. Unless you want to console Scooter with some fresh tomato slices!
fitz!
Fi!
kobe!
reddhedd!
tommy yum @ 4
Thanks, Tommy. Silly me.
I read about the ruling yesterday, and really am looking forward to your analysis, Christy.
Oh, right, and:
bwahahahahahahahahahaha…nothing like seeing “classified” used against someone like scoots.
Y’know, I just can’t think it bodes well for Scooter, this thing where his lawyers get shot down every time they open their briefcases. If Walton runs the trial the way he runs the preliminaries, the defense may want to just stay home.
jussumbody at 8 — oops — reworkd the sentence and missed the shift from he to him in the retyping. Appreciate the heads up.
I would think this ruling would be a psychological blow to Libby. The ruling reminds him that, instead of being at the center of power of the USA, as he once was, he is now nothing. It also is very hard for any defendant to know that there is “secret” information about you out there that could determine your future. It can make a defendant and his counsel paranoid, and if not reeled in, it can really distract you from our case.
Good ruling from the judge.
The fact that Judge Wilson is taking the national security angle so seriously here also bodes well for taking the underlying crime - outing a classified CIA agent working without official cover - equally seriously. Given these rulings, I’d be really careful about trying to argue that line if I were on Team Irving’s legal staff.
Our nation really has gone through the looking glass when a high-level presidential adviser claims to need top-secret materials to prove he didn’t lie to the FBI and a grand jury about disclosing the identity of a secret agent.
Good on the judge, good on Fitz, and good on you, Christy, for using in camera and in limine in the same sentence! I luv it when you talk legal….
Hmmm. Looks like 17, 19 & 20 are spam.
Christy:
EPU’d from the last thread because it could really use your legal eye and take on it if you are familiar with campaign fundraising legalities:
And a double-dog (for real) this time!
FYI, partial transcript of Howard Dean’s speech to the Ironworkers’ International Convention
Howard Dean: We’re all in this together
Anyone else
shockedamusednot suprised by the irony of Scooter & Co. requesting to use highly sensitive information for his legal defense and BushCo. again asserting the need to use illegal wiretaps to keep “our country safe”?scory @ 24
It’s like national security Twister. (Please, God, don’t let this game end in an orgy….)
hmmmm.. you sure those are cable guys?
The Rethugs have become MASTERS in the art of PostModern DECONSTRUCTION, which has completely destroyed public education and science, is breaking our Army, and has divided Americans.
Using Clinton’s defense team in the civil suit demonstrates that the REPUKES have stolen, per usual, from (c)academic PoMo Deconstructive theory, which Dems used back in the late 60s, 70s, & all through the 80s & 90s.
Further, this is quite bizarre considering how AUTHORITARIAN/pseudo~wannabe~proto-fascist they are. Fuckjobs, the lot.
Dean is giving them HELL today on CSPAN! YES!
Sounds like a pretty HOO-RAY ruling all around …
WOOT! Thanks, Christy for de-mystifying it for us non-esqs …
And, as my fancy paint (with bamboo charcoal to absorb some of that nasty envrironmental ick) starts to dry,
I bid ye Firedoggies goodnight (clap clap) goodnight (clap clap) …
I happen to be on the other side of the fence
team libby didn’t get a smack in the face here, they didn’t expect to get this data, they WANT the judge to deny them their requests
they are hoping SOMETHING the judge agrees could help the defense is too sensitive to give to team libby
this is NOT bad news to libby, becuase SOMETHING will be germain to the defense which is too sensitive to allow and then the case is dismissed
ronaldo @ 26
Am watching CSpan live with Howard Dean but WTF is with Sen. Dick Durbin video welcome there in his HOME state rather than standing beside the fearless Doctor Howard Dean? Just asking.
Evil EvilDrPuma @ 24
Oh God! My eyes! My brain! Ruined!
That was really an unnecessary image to suggest, EDP. Shame on you!
me to me - The nice thing is that Judge Walton was so unequivocal that the info wasn’t relevant to Scooter’s defense. Even given the fingerpaint creativity of the “I forgot it was important” types of defenses Team Libby has concocted, the Judge seemed very definite - Not Relevant. I think that kind of determination is not likely to be set aside on appeal.
I thought that the agreement on the pdb summaries mostly cleared the decks on those items, though. I was wondering if the blocked requests might go more to the status of Plame. That has been one area where the judge was pretty emphatic that info could not be released due to the national security aspects. Or docs relating to the yellow cake claims investigtions?
The down side on any kinds of rulings about nat. security/state secrets aspects is to what extent, if any, they may affect the ability of the Wilsons to get info they need on down the line.
Are the media subpoenas on appeal right now or did they take appeals?
I’m wondering if we will ever hear another word about the missing 200 emails, etc. Also, if Rove wore a yellow tie to any of those GJ dates. ;)
Can’t Cheney just perform some of that insta-declassification magic for Scoots?
This decision of Walton’s with regard to “national security” is not out of character for him–after all, he was the one that basically shut down Sibel Edmond’s whistleblower suit.
Fifty years from now, after most of us are long gone, our descendants will discover that much of what the government told us was in the best interest of the country for us not to know was, instead, to protect somebody’s ass.
If everything related came out, Libby–and his cohorts and superiors–would be hung on the White House lawn forthwith.
For now, it’s all just cat and mouse games.
It’s like national security Twister
LOL!
With a disco ball and toe socks.
Barbara @ 15
Hi Barbara! [*waves*] Fortunately for both of us, I always include the first initial of my last name. Otherwise I’d have to switch to “Barbara for now” or some such. :>) And hi Adam. No going back to lurking for you, y’heah?
I love how the Republican elitism just oozes from the folks in Bushco. They had been on a campaign against “trial lawyers’ for the longest time.
Now that the entire crowd is lawyered up because of everything from petty theft at Target to bribery to treason the objections about those evil trial lawyers have withered on the vine.
-GSD
They always find a way to cover their own asses, no matter what their rhetoric is.
Putting personal political fortune ahead of the security of the entire United States during a time of armed conflict to cover your bosses’ asses for lying the nation into war? Now THAT is unpatriotic.
Ah, Christy, the crisp kernel of it all, right there.
By “it all” I mean not just Plame-Libby but these whole last six hideous years: history’s persuasive case for the impeachment and conviction of George W. Bush and all his agents.
You’ve got it in a nutshell.
The IRS is now outsourcing debt collection to private contractors too.
This nation may never recover from the looting and plundering at the hands of the Bush/Coulter Republican Party.
http://www.nytimes.com/2006/08.....nted=print
-GSD
OT:
From the DNC meeting, the Rules and Bylaws Committee is requiring state parties to take ” provable, positive steps” to achieve auditable vote records. (My paraphrase.)
GSD @ 33
They’ve never minded defendants’ lawyers, GSD. It’s plaintiffs’ lawyers they hate. Unless, of course, the plaintiff is Bush and the defendant is Gore.
. . . and your little dog, too @
37
ayldtt — that is important, positive, and a win for small “d” democracy!
I don’t know if anyone has caught Digby’s latest. Prolly so, since it was put up yesterday. Dueling pagents post. As good a writer as Digby is, the photo selections are even better.
It truly amazes me how the screechy wingnuts get all unhinged about people wanting the Preznit to quit breaking the law with his warrantless wiretaps, saying to do so helps the enemy, but it is just fine and dandy to publicly reveal our nations spies.
Our Republican overlook of the Executive branch of government has laid some serious turds into the lap of the judiciary. Seems like Dubya aint doin’ so hot with the judges. Lately, I mean, besides his selection into office.
As is evidenced by their overwhelming dedication to turning big segments of DOJ into criminal defense specialists.
Channeling my inner optimist, a silver lining is that the mafia has been reduced to second stringers. 4 now
Christy - Judge Walton’s opinion has not yet appeared on this Web page: http://www.dcd.uscourts.gov/op.....-2006.html
Everyone needs to send some love to Judge Taylor -
I have heard several people who have called her office letting her know our support of her decision. The clerk answering the phone has been very happy to hear from supporters. As you know, the wingers will flood her office with hate and vitriol.
Thanks for those addies, katymine!
That, Mary, is a profound insight. I expect no less from you, but just that simple fact really speaks volumes about the nature of the relationship between DOJ and this administration. I will be pondering all the ramifications (fiscal and structural) of that for some time. I need to get some more information/gossip from my DOJ friends….
Nebraska state auditor jumps party and becomes another redstate Democrat.
The crack in the dike just got a little larger.
http://news.yahoo.com/s/ap/200.....rty_switch
-GSD
OT (as to this thread, rather less so as to Jane’s biodiesel-or-no one)
That’s enough oil – I’m going to make my own energy from now on
Matthew Parris [Times of London]
I’m leaving for now with the lesser profundity that the wikipedia picture for Rove has him posed in front the flag, wearing a yellow tie.
GSD — that is the evidence of change. When people who are in politics for the power switch parties, then you know that a change is gonna come.
If the Dem’s had gotten their act together in January this year, we would have had a lot more Republican House retirements as well. Maybe even Olympia Snow could have been convinced to retire if a powerful challenger was demonstrating a willingness to push and push hard.
Oh well, the Dems are not even now ready to get their act together….
Thanks very much for the Judge Taylor link, katymine.
I sent an email and called and left a brief voicemail.
Imm,
What’s with the defeatism?
Dems have fielded more congressional candidates than ever before if I recall correctly.
-GSD
In AZ, my former state senator was a moderate Republican who voted more with the Dems because he used his brain and principles. The ReThugs here targeted him and sandbagged him in the primary. He is now a registered Democrat, a Precinct Committeeperson and now running for Superintendent of Public Instruction as a Proud Democrat!
Slade Mead
BTW he lost to the guy who wrote & sponsored the “Guns in Bars bill”.
Now what is the kind of nuckledraggers we have here!
Why’s it turn out that, every time, just before I submit this, Mary leaves? Does she have x-ray vision too?
lotus @ 132
Awright, looks like we’re gonna hafta organize a full-out demonstration to get this done here, kids — march and posters and band and all. I volunteer to help in the concession stand. Whaddya you wanna do?
Howdy, Anne!
Um, i’m sorry, but i have no clue why Senator Durbin phoned his comments in like that.
i hope he is, maybe, down and out in MISSOURI campaigning for the future Senator Claire McCaskill!
BEST,
Ronaldo
Rosa Parks===Judge Taylor
GSD –
NOT defeatism, more like “even more opportunity was available.” The retaking of congress is not only policy based, it is also a numbers game and if we can create open seat opportunities, in the world of incumbancy protection, that is a very good thing. I fully expect the House to go Dem, and then (I will predict here and now) you will see upwards of thirty republican announcements of retirement before the ‘08 election.
Book mark it so I can be made to eat crow if I am wrong.
Mary @ 50
Yellow ties are significant to me because they make me smile every time Mary mentions them.
“DEMAND MY
RIGHTPRIVILEGE”whupz
Is it possible to search comments by poster?
If yes, I will try to find the original Mary/Jerry/Yellow Tie discussion….
Imm46 — Here is a reflection for you from late nite EPU. Pondering the fiscal and structural ramifications of human activity is quite engaging. I haven’t yet been banned for this type of speculation, so I guess it is OK to think outside of the box from time to time.
I’ll go back under the bridge for now…well fed and still reeling from the FDL oracle’s wisdom and insight.
imm, I bet *ilson, for one, knows how, but it defeats me.
Christy, I’m looking forward to reading your analysis of the Libby opinion.
Do you have a link to the federal court decision of two days ago that said Bush is violating the law and the Constitution in the NSA wiretapping scandal?
katymine @ 45
For some reason it seems improprietous to me to send love to a judge. My feeling stems for the notion that a judge is supposed to be vehicle through which the rule of law is performed, and that the praise ought to go to the system that holds the rule of law above individuals.
I feel heartfelt gratitude to any judge who carries out her responsibilities without regard to power or attempted influence. But I would never want to be one of the people that could be seen as attempting to influence the outcome of judicial decisionmaking.
Yay rule of law!
To be clear, I am not trying to discourage anyone from what they feel is a good thing!
*atou:
That’s my sense too. Although I must admit my first impulse was to organize an effort to send a million roses, a la Helen Thomas. But then I got a grip. :)
neokneme –
Thanks, for the comment, I see your point. Of course I was being facetious with the Hagel/Hilary unity suggestion, but I totally take your point. On a smaller level, when John Kerry was running oh so long ago, many wondered if his victory would simply lead to Dem party disaster because of all the crap in the stable he would have to clean up. It was a very interesting dioscussion on the theory level. However, it is clear beyond peradventure that he could not possibly have done as poorly as Bush has done in the last two years.
So, events have an internal way of effecting bubble curves and planning for outcomes is nearly impossible. That said, your prediction is ultimately both realistic and optimistic. I would like top have a sooner optimistic result, though.
Thanks!
immanentize @
61
on a PC, hit F3, (within each post) type in the poster’s name (or portion thereof, and then hit the “highlight all” button. Don’t know if this works for Mac.
The Rev. Jesse Jackson up now on CSPAN.
Thanks, punaise — now I gotta think about the original time line….
neurophius @ 63
CHS has written about the NSA ruling. But most defer to blogger Glenn, he pretty well owns the issue, since his blook and all. Surely he has a link to it, prolly pdf though.
Imm,
That’s the spirit. The Republicans this time around have still been under the oft repeated troll illusion that everyone loves them and that they will win elections in perpetuity.
That fantasy is getting dashed on the rocks of reality as we write.
-GSD
Oh yeah, and if there is voter fraud this time around, the Republicans had better be ready to see something a little more illuminating than the “Brooks Brothers Riot” in Florida.
As a matter of fact, sometimes I feel awkward when we flood journalists and “pundits” with mail and phone calls when they say something remotely reasonable too. Especially if they’re just coming around to speaking some righteous truth, which was too long in coming.
I feel that it might make them shrink back a bit from their better instincts, as they’re toeing cautiously into new terroritory and don’t necessarily consider us their compatriots and aren’t asking for our kudos. Just a feeling I have.
immanentize @ 61
Don’t forget to search under both names (not to mention the other, more temporary variations, like Mary underlined.) Mary’s future biographer/hagiographer is going to have a heckuva time assembling her writings.
*atou, that’s a good reticence to have, but in this situation, her part of the outcome is no longer open to influence: her decision is a done deal, on the books already. So we can express our gratitude to Judge Taylor and to the system without fear of seeming to attempt to influence her.
*atou, did you read what Bush said about Judge Taylor’s decision?
Think of your support for Judge Taylor’s decision as a counterweight to Bush’s insults to her.
BarbaraB @ 74
SHOTGUN!!! Sign me up for that job — (does it come with snark insurance?)
BarbaraB @ 74
or search for any other key word or phrase: i.e. “yellow tie”
Quickie OT
I just wanted you to know that even over here in Germany, people know of and are talking about the Lamont / Lieberman race. Funny thing is they think Lieberman is a Republican…fancy that. I’ve posted today’s events at the hospital on my blog for anyone that’s curious.
http://deepconfusion.blogspot.com/
HopeSprings:
Them’s some smart Europeans!
in camera, sort of, for Libby:
(Wilco - Camera)
*atou @ 64
So my question is how do we counter the hate that flowed from the wingers?
How do we let our judgical branch know that we support them for making strong principled decisions based on the law?
Since the ReThugs have taken over congress in 1994, the hate spewed at judges have ratcheted up over and over again. The risk and threats have increased risking their safety and may have prevented some from making those “hard” decisions.
I believe that Sandra Day O’Connor addressed the threats and hate directed at judicial branch before leaving the bench.
So how do we let Judge Taylor know that we thank her for taking that risk?
Punaise — just can’t get over your “spay the course”. That’s it in a nut-shell!
katymine :
It is such a tough issue. A judge like Taylor is simply doing her job correctly and this is something we are owed, according to our constitution. The best thing we can do is expect the same from our representatives in Congress and Senate.
I guess I think we have to find a way to elect people who will really represent our interests and the rest will fall into place. It’s a long, tough slog.
BarbaraB @ 73
I’ve often thought of that, BB. And when I consider that some intrepid future scholar may want to document the nature and influence of Firedoglake on this period — jeebus, even with it all neatly gathered in one place like this, that project would test a whole platoon of Tuchmans!
neokneme @ 82
thanks, but there’s an important distinction: it has more meaning as “spay the coarse” - the rhetorical action to be performed upon those unrefined individuals who are perpetuating the “stay the course” nonsense.
(waving & blowing kisses to Hopie!)
OT:
Jesse Jackson on C-SPAN talking about Ned!
HopeSAT, great to hear from you.
Hope all is well and that Dr. Turtle is well too.
I wonder how long it will be before the NSA beatdown ruling will reach SCOTUS? And if they uphold the decision, will Dubya continue to “strongly disagree” and defy the court? The only option at that point is impeachment. That is a word the Republican Rubber Stamp congress reserves for Democratic Presidents. All the more reason for Democrats to regain control of congress, to stop a runaway executive determined for world domination, and complete destruction thereof.
I suggest that instead of sending roses to Judge Taylor, people acknowledge her courageous ruling by sending a donation to the ACLU.
lotus @ 86
yes, trans-pond waves to HopeSAT
neurophius @ 90
I like that. A Lot.
lotus @ 84
Funny you should say that. I think something of that nature is in the pipeline.
katymine @ 81
Very good question(s). Our true friends in all of this is the separation of powers, the rule of law and our Constitution. Our words and actions in their defense are critical, since these noble things are defenseless without us.
Supporting Judge Anna Diggs Taylor by voicing support for the fearless execution of her responsibilities is a very different thing in my mind from supporting the specific opinion she wrote. So-called activist judges are goal-oriented, and I don’t want *any* judge on any bench viewing her job that way. The facts of the matter and the law should be all that matters.
If I were to address the judge or her office, it would be to thank her for her fidelity to her responsibilities, not which way she decides.
Jenny from the Blog @
83
We have a congress full of elected officals who have NO Clue what it means to do their job… There are members who have never participated in a congressional hearing, know what congressional oversight is and would no know what that is if it bit them on the butt.
Until that time comes, when we actually have branches of goverment who Do their job, I am going to support those that do by letting them know that respect their doing their job and standing up for my rights.
I’m just giving my opinion and not saying anyone should feel or act the way I do.
lotus @ 84
Think of the armies of future Ph.D. candidates just waiting to tackle the task. I suspect a certain flower will merit her own chapter, at the very least — although they may be a bit confused about why a lotus has a southern accent. *g*
I write regularly to my (and other) elected representatives and tell them how I feel.
If I were to address the judge or her office, it would be to thank her for her fidelity to her responsibilities, not which way she decides.
And that is exactly what I did …
Jenny from the Blog @ 98
Me too, we’re all friends here (except the spambots and rightards who occasionally stagger into the room).
By the way, I called Clinton’s office and blasted him over the ouster of Jane and Spazeboy at the Lieberman event and also over the racist flyers Joe was handing out. I’m definitely not quiet. :)
katymine @ 101
Me, too, except I added that she gives me hope.
Here’s a link for the ACLU. You can either become a member, or make a donation using the “Extra Gift” button (even if you are not a member or joining).
I hope I haven’t violated any FDL policy by posting this–if so, moderators, fire away.
lotus @
55
I’ll search all the chicks for Weapons of Mass Distraction, cause I’m into that sorta thing.
Ok we are all in agreement….
What worries me is all the hate & threats directed at judges for doing their job and making decisions based on the law. That really good candidates would decline to fill empty seats and not run for election because they do not want the hassle.
OOPS. Here’s the ACLU link.
http://action.aclu.org/site/Pa.....nationhome
(a displaced flowah laffs at the very thought, wondering how long she can go on foolin’ certain of her betters … )
Thanks Imm & Pun. Thanks also to Jane & Christy for putting up with the likes of, well, er, um… me.
Gosh, The first amendment freedoms grow that much more precious when they are used with the skill and temperment you folks exhibit.