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Libby Judge Orders Time to Turn Over Matt Cooper Draft Articles

Did Matt Cooper change a material or a trivial detail of his Time Magazine article about meeting with Scooter Libby? Judge Walton today issued a 40 page opinion (text of opinion here (pdf), thanks to Tom Maguire) in which he ordered Time to turn over earlier drafts of his article to Libby. Walton has been reviewing in camera the materials Libby subpoenaed from Cooper, Judith Miller, Andrea Mitchell and other NBC reporters.

Walton said Time magazine must turn over drafts of first-person stories that reporter Matthew Cooper wrote about his conversations with Libby because the judge found inconsistencies between them..... Walton said, he found "a slight alteration between the several drafts of the articles" Cooper wrote about his conversations with Libby and the reporter's first-person account of his testimony before a federal grand jury.

"This slight alteration between the drafts will permit the defendant to impeach Cooper, regardless of the substance of his trial testimony, because his trial testimony cannot be consistent with both versions," Walton wrote.

Someone close to Time called the discrepancy "trivial."

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    Re: Libby Judge Orders Time to Turn Over Matt Coop (none / 0) (#1)
    by annburns on Fri May 26, 2006 at 08:20:14 PM EST
    Can't know for sure but there is this quote from the AP article ... "A person familiar with Cooper's drafts described the inconsistencies as "trivial." The person spoke on condition of anonymity because Walton has warned the case's participants against talking to reporters."

    Before you get too excited about trivial, Cooper is key to three of the five charges and is the only link to Rove. For the judge to write that "his slight alteration between the drafts will permit the defendant to impeach Cooper, regardless of the substance of his trial testimony, because his trial testimony cannot be consistent with both versions." pretty much finishes Cooper's credibility vis a vis Libby and makes him a hopeless witness upon which to base a Rove indictment. It is getting close to the point where St. Fitz is going to have to ask himself if can win at trial. (And, in passing, any word on who Mr. Leopold's sources were...just wondering in case I missed it.)

    Jay Don't be absurd. Does the word "Draft" have any meaning to you? Any jury can understand that The first draft is not going to be identical to the second Draft and the third, fourth, and so on. Thats why it's called a draft! The Judge indicated the differances are insignificant. He made ift pretty obvious he is just allowing it to avoid an issue on appeal. If you know anything about this case you understand Fitz is a top notch Prosecuter. Don't bet the farm on your idea that Coopers drafts will sink Fitzgeralds Case. Sorry but you'll have to look somewhere else for a straw to grasp onto.

    Re: Libby Judge Orders Time to Turn Over Matt Coop (none / 0) (#4)
    by annburns on Sat May 27, 2006 at 11:50:35 AM EST
    Jay can't see what the fuss is about because it's not about a blow job. Add three reporters, numerous witnesses to Libby's obsession, the CIA briefers, and Darth Vaders own handwriting. Oh yeah, weak. Remember when the wingnuts were saying that the WH wasn't involved?