Reply #9: That is not a big deal. [View All]

[H2O Man]

Not yet, anyway. It's a victory for Team Libby. But let's look closer: first, Judge Walton is saying what his position mandates that he say, after making the ruling he made. It is neither a surprise, nor is it his attempting to influence Mr. Fitzgerald in deciding what his next move will be.

It is possible that Mr. Fitzgerald will decide to appeal Judge Walton's ruling. He can do that before the case goes to trial. It would not be the first time in this case that Judge Walton has made a ruling that he later amends. Also, Mr. Fitzgerald can step the single issue up a level. That may be the most likely thing.

In a case as complex as this, it is not possible that one side is going to win every single issue in the numerous pre-trial hearings. That is just not going to happen. Mr. Fitzgerald is an outstanding legal mind, but Team Libby is also composed of some very talented lawyers. (Keep in mind that they did their best to work out a plea deal for their client, who -- in the days before being indicted -- rejected it because it called for significant incarceration.)

Also, Mr. Fitzgerald would not be the person who decides that the administration would refuse to allow the classified material to be used in the trial. I will say this: that material might reflect far worse on VP Cheney than did his copy of Wilson's op-ed. It would be the White House's decision. And, if by some chance the White House refused to allow their use in trial, I think that a new congress might be interested in that.

I would prefer that Judge Walton ruled otherwise. But I'm also aware that Team Libby would have used that issue for appeal. It may be better that it happens this way.