Following up on a speculative comment I made in Late Nite about the graymail status of the Libby case, after continuing to read the tea leaves of more new sealed and unsealed filings today:

The CIPA Section 6(c) hearings are not yet concluded. The next (tenth) CIPA hearing has been or will be scheduled, presumably for sometime after next week (when the Judge is on vacation). The Intelligence Community did come through with some further substitutions to allow the government to revise its first (denied) motion of classified-substitutions. Libby has responded to that revised proposal today with a sealed filing, and with a second sealed Memorandum about his proposed CIPA exhibits #71, #100, and #178. #71 seems to be the State Department’s INR memo, which had apparently been allowed in to the satisfaction of both parties (as of a few weeks ago). #178 sounds like it may be an entry from Libby’s notes (which had some apparently-minor IC redactions in it as of a few weeks ago).

The Judge has vacated his (quite-significant and well-analyzed by Christy earlier today) November 13th Opinion about the government’s first Section 6(c) substitution motion, for reasons of clarity, he says (based on an issue raised by the defense about its wording?). He says he will re-issue an amended Opinion about his legal basis for ruling the way he does, probably at the conclusion of the Section 6(c) process.

It’s difficult to tell how far apart the two sides remain, now. The IC still seems to be struggling to meet the defense’s and Judge’s desire for more revealing substitutions. How the Judge will rule in the end will make or break the still-viable graymail dismissal threat, and it now looks like it will be at least another week or so before a decision is made (depends on the timing of the next hearing(s)). A government appeal is still possible as well, if the Judge doesn’t accept the proposed substitutions.

What a torturously drawn-out and time-consuming saga this CIPA process has been in this case, for what is a part of the defense that doesn’t directly refute in any way the charges that have been brought against Libby. [Nine hearings to date, starting September 27 and running through November 15th; and that’s after all the work that was done by the IC as part of the discovery process.] It’s the Libby team madly trying, first, to get an excuse to dismiss the case entirely, and, if that fails, trying to create some sort of reasonable doubt for the jury if the case makes it to trial (and if it meanwhile makes CIA employees work like demons on this, in the bargain, no doubt that’s just fine by Libby too…).

Pow wow,

Are these docs hosted on some public site or do I need to pull them off Pacer?

scarecrow @
47

As Mr. Nelson questioned General Abizaid, the Arizona senator stood up to confer with Senator Susan M. Collins, a moderate Republican from Maine. At this, Mr. Lieberman got up and walked to the Republican side to join them in a brief, chuckling huddle, then ambled back to his party’s side with a glance at his colleagues as if to say, “You watching?”

We’re watching, Senator Lieberman.

Just like we watched you take Mel Sembler’s money like a good little Neocon trollop.

Just like we watched you try race-baiting in the Connecticut primary when you thought no one outside the state was paying attention.

Just like we watched your teacher’s pet act and tongue bath with George Bush.

We’re always watching. Studying you, judiciously as it were.

Enjoy your crumbs of power while they last.

What an odious worm of a man. Don’t you think the Senate Dems want to give him a wedgie and then throw him into a locker or the Ladies’ Room?

thought you might enjoy this:

Connecticut For Lieberman Gets New Chair

Brilliant!!!!

The tasering incident at UCLA is horrifying.
Thanks to KO for looking into it.

I’ve yet to be convinced that arming campus cops with any weapon more effective than a Super Soaker is a bright idea.

Does anyone have a rational explanation why it’s right for Israel to have a homeland, and it is not right for the Palestinians to have a homeland?

Children of a lesser god?

I am sick to death of our government’s blind support for anything and everything the Israeli government decides to do. I am gawdamn tired of the American taxpayer providing weapons, loans and grant monies for Israeli follies.

Careful, careful. As Mel Gibson found out, freedom of speech in the U.S. does NOT extend to crying “foul” in a crowded theater of war. ESPECIALLY not an Israeli one.