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Libby Judge to Allow Secret Submission of Defense Theory

I meant to post this the other day but it got lost in draft mode.

The Judge in the Scooter "Libby" case denied most of Libby's request to prevent the Government from submitting secret (ex parte) filings on classified information that may have to be disclosed to the defense. You can read the memorandum order here (pdf.) But he threw Libby one bone.

The Judge ruled (page 12) that Team Libby can file an ex parte (secret) affidavit within two weeks outlining its defense so that the Judge will be more informed before deciding what material Fitzgerald has to turn over to Libby.

That's kind of cool for Libby, because it means the Judge will know exactly where Libby is going but Fitzgerald won't.

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