Judge's ruling may cause Fitz to dismiss perjury charges against Libby

[dajoki]

MSNBC
http://www.msnbc.msn.com/id/14941062/

Fitzgerald given way out of Libby CIA leak case
Judge says he can dismiss case if classified secrets will be revealed

By Joel Seidman
Producer
NBC News
Updated: 2:36 p.m. ET Sept 21, 2006

WASHINGTON - The judge in the CIA leak case ruled Thursday that if Special Counsel Patrick Fitzgerald feels that admitting certain classified documents at the upcoming trial of I Lewis "Scooter" Libby can jeopardize national security, Fitzgerald can then move to dismiss the perjury charges against Libby.

Judge Reggie Walton cannot automatically allow classified materials to be admitted at trial. He first must go through a series of closed hearings under CIPA regulations. CIPA, the Classified Information Procedures Act, protects and restricts the discovery of classified information in a way that does not impair the defendant's right to a fair trial. It also allows the government to propose a redacted version of a classified document as a substitution for the original, having deleted only non-relevant classified information.

In his ruling this morning, the Judge Walton, has given a technical legal victory to Libby's attorneys concerning the admissibility of classified materials they want to present at trial for their defense.

<<snip>>

Fitzgerald argues that because of the sensitive national security value of the classified materials, a special three part test must apply before determining if a document can be admitted at trial.

That test, according to Fitzgerald, must include: (1) that the document is relevant; (2) that the document is "helpful to the defense," and (3) that the defendant's interest in disclosure of the document outweighs the government's need to protect the classified information.

[RUMMYisFROSTED]

1. Silly.

[buff2]

2. Oh,goody!

Now they ALL can get away with outing a CIA officer,lying their asses off,getting the job done that they set out to do and STILL remain in their cushy little jobs to continue shitting on the constitution and the American people. Keep bending over America! We are getting the screwing of our lives. :argh:

[ChipsAhoy]

5. Indeed!

"and still remain in their cushy little jobs .........."

[The Backlash Cometh]

3. Isn't this the defense that Libby was hoping for?

Basically, didn't he ask to look at some sensitive information, in the hopes that he would be unprosecutable?

[iconocrastic]

4. BTW - How is Plame's suit against Armitage doing?

Hasn't been in the news much lately.