Request for NBC reporter's notes withdrawn

[DoYouEverWonder]

Jan 19, 2007

WASHINGTON - Defense attorneys withdrew, for now, their request to use NBC News reporter Andrea Mitchell’s notes during the CIA leak case, heading off a potential fight leading up to the trial of former White House aide I. Lewis “Scooter” Libby.

A federal judge said Friday afternoon that he likely would release Mitchell’s notes to attorneys for Libby and scheduled a hearing on the issue Monday. Within hours, network spokeswoman Barbara Levin said the request for the notes had been withdrawn and the hearing canceled.

Mitchell’s notes on her conversation with former vice presidential chief of staff Libby have been under subpoena for nearly a year, but U.S. District Judge Reggie Walton had ruled that, because Mitchell was unlikely to testify at trial, her notes would not be released.

Libby’s attorneys said in court Friday that they planned to call Mitchell as a defense witness during his perjury and obstruction trial. Opening arguments are scheduled for Tuesday.

http://www.msnbc.msn.com/id/16713426/

[Spazito]

1. Hmmm, interesting.....

The defense makes a big issue of the notes until the Judge says they can have them and then all of a sudden they don't see them as worth fighting for anymore.

I suspect the Judge's decision closed another avenue of appeal the Libby defense team was hoping to keep in their little "basket of goodies".

[ret5hd]

2. Maybe the prosecution needs to look at them. Maybe? Probably!

[BleedingHeartPatriot]

3. The closing paragraph says so much.

Mitchell’s testimony and notes could help Libby’s case by describing an atmosphere of tension and finger-pointing within the Bush administration regarding intelligence issues on Iraq. That could bolster Libby’s claims about a hectic and tumultuous climate in which he could not accurately remember certain conversations.

MKJ

[DoYouEverWonder]

4. Or Mitchell's testimony

could blow Libby's story to shreds.



On July 20, 2003, NBC’s correspondent Andrea Mitchell told Wilson that “senior White House sources” had called her to stress “the real story here is not the 16 words but Wilson and his wife.”

The next day, Wilson said he was told by MSNBC’s Chris Matthews that “I just got off the phone with Karl Rove. He says and I quote, ‘Wilson’s wife is fair game.’”

http://www.tompaine.com/articles/2007/01/18/scooters_timetravel_trial.php

[G Hawes]

7. Doubtful

Doubtful that her notes would hurt Libby much in light of the other evidence to date. your link is almost four years old, by the way, and a lot has happened since then.

I don't think that Fitz would let it go for a second if he thought there was anything of substance or value in it that can't be brought into evidence through other means, and I have faith in Fitz. He knows what he's doing.

[DoYouEverWonder]

8. It is the defense who is dropping their request

Fitzgerald gets to keep his aces close to his chest.

My point was the Mitchell's testimony would probably hurt Libby more then help him, based on her public statements.

Fitzgerald just has to prove Libby lied. He doesn't have to go beyond that, at least not yet.

[G Hawes]

9. Yes, now try to think it through.

If Fitz thought it was useful to him, he'd have introduced it himself because he's a damned fine prosecutor, and the defense would not have had to try to introduce it themselves - don't you get it?
If Fitz thought that it would hurt Libby more than help him, he would most certainly not do anything to keep the evidence out. He would, instead, call that evidence himself, and would not be playing silly games about it. He's not like that. He's a forthright and honorable prosecutor and as such would have disclosed the evidence to the defense long ago and would have told them that he intends to rely upon it at trial. If Fitz thought that Mitchell had evidence in support of the prosecution, he would have disclosed it as any honorable prosecutor would do, and he would call her as a witness himself, as any honorable lawyer would do.

I have more faith in Fitz than you do, I guess. I don't think that he would play the kind of games that you seem to think he would play.

Edit subject line because it didn't read right for those who only read the subject lines and not the posts.

[BleedingHeartPatriot]

6. And emphasizes that Libby's defense is based on claims of finger pointing and

laying blame.

MKJ

[lovuian]

5. They don't need her notes

they were just pressuring her to cooperate...

They have other goodies