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Libby Files for More Documents on Reporters

There's movement in the Scooter Libby case today. Tom Maguire has the basics and the news links to Libby's latest attempt to put the media on trial. I just downloaded the filed documents. Here is what Libby is seeking:

1. All documents and other information reflecting knowledge by any news reporter or employee of a news organization of Valerie Plame Wilson's possible affiliation with the CIA or her role in connection with Joseph Wilson's trip to Niger prior to July 14, 2003.

2. All documents and other information reflecting any mention of Valerie Plame Wilson in any communication between a news reporter and a government official, another news reporter, an employee of a news organization, or any other person prior to July 14, 2003.

3. Copies of subpoenas issued to reporters and news organizations during the
grand jury investigation, and any agreements by the FBI or Office of Special Counsel to limit the scope of the information supplied pursuant to those subpoenas.

Libby is taking no chances there will be a misunderstanding on the part of the Government as to what he is seeking.

....the term "documents" includes all written or recorded materials of any kind, all e-mails and electronically stored information, and all video or audio recordings. Documents and information are responsive as long as they relate to events or communications that occurred prior to July 14, 2003, even if they were generated after that date.

The term "Valerie Plame Wilson" means the wife of former Ambassador Joseph Wilson, whether referred to by name (including the names Valerie Plame, Valerie Wilson, Victoria Wilson, and Valerie Flame), or by other reference such as "Wilson's wife" or "wife" or initials where the reference is believed to concern Valerie Plame Wilson.

I'll update as I continue reading the documents.

First update: Libby says the "The Indictment Places News Reporters' Knowledge About Ms. Wilson's Employment Status Squarely at Issue ." He goes into "allegations" concerning Tim Russert, Matthew Cooper and Judith Miller.

Next, he argues that "Information About News Reporters' Sources Is Material to the Preparation of Mr. Libby's Defense."

Then he argues he needs the requested items to "Investigate Whether There Was a Plan to "Punish" Mr. Wilson by Leaking Information about Ms. Wilson to the Press."

Libby next argues that he is investigating "whether Ms. Wilson's Affiliation With the CIA Was Known Outside the Intelligence Community and Whether Such Information Was Regarded as Classified.

There's one more section in which Libby seeks agreements between Fitz and reporters limiting either the documents the reporters had to provide or testimony they had to give, and all supboenas issued to the media. Here's his argument:

The Government's Disclosure Obligations Extend to Subpoenas and Agreements to Limit the Scope of Documents or Testimony by Reporters

Finally, the defense is entitled to discovery of all subpoenas issued to the
press and any agreements the government may have reached with reporters or their employers to limit the scope of their testimony or the documents they would produce. The government has agreed to produce such information for the reporters referred to in the indictment and/or whom it intends to call at trial, but has refused to produce it for other reporters. This effort by the government to avoid its discovery obligations is based on the same fundamentally flawed view of materiality that has driven the government's refusal to provide other discovery from reporters that is not directly connected to Mr. Libby.

Information about subpoenas and agreements to limit their scope is discoverable under Rule 16 because it will help the defense ascertain what additional information must be obtained from news reporters to prepare for trial. The defense needs to determine whether to issue pretrial subpoenas to journalists or their employers for the necessary information, and may need to demonstrate that such subpoenas meet the prerequisites of Rule 17©. This need is not limited to documents the defense may seek with respect to Mr. Cooper, Mr. Russert, and Ms. Miller. Although they are the only reporters identified by name, the indictment refers repeatedly to "all reporters" or "reporters" generally, extending the universe of discoverable information beyond Cooper, Miller and Russert. Further, discovery of such agreements is necessary so the defense can adequately analyze the witness statements that the government will provide under the Jencks Act and Rule 26.2.

More to follow.

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    Re: Libby Files for More Documents on Reporters (none / 0) (#1)
    by squeaky on Thu Jan 26, 2006 at 08:05:39 PM EST
    Gosh I wonder if the WHIG group had an reunion. Sounds like Judith Miller is giving him some tips. Could she possibly have an axe to grind? Hope some more love letters surface.

    Re: Libby Files for More Documents on Reporters (none / 0) (#2)
    by squeaky on Thu Jan 26, 2006 at 08:48:59 PM EST
    I was annoyed that Fitz did not throw tha book at Libby and others. Now I see the method to his madness.
    But defendants are not entitled to everything a prosecutor could possibly have in a complex case when that information is not material to the charges in their indictment or to that portion of the case in which the defendant is currently involved. We've said all along (and so has reader rwcole, FYI) that the indictment was very narrowly drawn for a reason.
    emphasis mine From ReddHedd at FDL

    Re: Libby Files for More Documents on Reporters (none / 0) (#3)
    by Talkleft Visitor on Fri Jan 27, 2006 at 07:26:24 AM EST
    I'm hoping you can provide a link to the filed documents you reference above.

    Re: Libby Files for More Documents on Reporters (none / 0) (#4)
    by ltgesq on Fri Jan 27, 2006 at 07:52:04 AM EST
    And that is relevent to the charge of perjury how? It is just an attempt to try to intimidate the court and the prosecutor into dismissing the case (and disclosing what evidence is out there to the numerous potential co-defendants. How exactly is libby paying the huge legal bills he'll be racking up? Calling Mr. Cheney.

    Re: Libby Files for More Documents on Reporters (none / 0) (#5)
    by Talkleft Visitor on Fri Jan 27, 2006 at 09:58:35 PM EST
    I sent the documents to Tom Maguire who posted them here. He said he called the court first to make sure that it was okay. bq. I called the DC court and after getting bounced around, someone gave me the common sense answer - these are public documents, we can do whatever we want.