Oct 4, 2006
WASHINGTON - In what may be the most decisive pre-trial hearing in the CIA/Leak case against I Lewis "Scooter" Libby, the parties involved are again facing off in courtroom arguments today over which, if any, classified documents Libby will be allowed to use to defend himself against charges of perjury and obstruction at his trial in January. Libby's attorney's, in a court filing, have identified nine national security matters they wish to present at trial. Special Counsel Patrick Fitzgerald is arguing to limit the classified materials allowed saying details in the documents will be a waste of time for a jury.
Libby's legal gambit - threatening to reveal sensitive national security details during the trial - has the potential of derailing the proceedings. It is a legal tactic called, "graymail."
Attorney's representing Vice President Cheney's former top aide, and Special Counsel Fitzgerald, are again before Judge Reggie Walton, in the fourth day of closed hearings dealing with which classified documents will be admitted. And again carts full of classified documents have been wheeled into the courtroom.
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Fitzgerald also writes that the details and facts in the classified documents Libby wants to present at trial, like the names of leaders or government officials of other countries, or the names and histories of various terrorist groups that Libby may have already known, "will either inaccurately suggest that the defendant was learning more new information than he really was or time will be spent explaining the details to the jury to avoid confusion."
According to their court filings, Libby will be able to testify about the nine national security items "with some precision." But, they say he needs the classified documents to show that these nine issues happened on particular days more than three years ago. Without the documents, his lawyers argue, a jury "may think he has an extraordinary memory" thus doubting his memory defense. He will say that those matters "were of surpassing importance" to him, while conversations about Plame were not. Much of the classified documents sought by Libby's team, they say, will be presented as a series of "dots" in a PowerPoint presentation at trial.
http://msnbc.msn.com/id/15129520/