Monday, February 06, 2006

Death Knell for the Case against Scooter Libby?

Court documents were released yesterday which appear to sound the death knell for Special Prosecutor Peter Fitzgerald’s case against Lewis “Scooter” Libby. Leftists who once eagerly anticipated a “Merry Fitzmas” are likely to find a lump of coal in their stockings next December, before the trial, scheduled for early 2007, ever gets underway.

Discovery requests by Lewis Libby’s defense team and the Dow Jones lawsuit to unseal the redacted pages of the Judith Miller appeal are proceeding. It is growing exceedingly obvious that the Special Counsel made a number of misrepresentations to the press and the court.

The sum and substance of his case is now clearly seen to be the difference in the recollections of Libby and those of Matt Cooper of Time Magazine, Judith Miller, then of the New York Times, and NBC’s Tim Russert regarding certain conversations. But these conversations do not involve the deliberate “outing” of a covert agent, did not affect national security and at best involve differing recollections of insignificant matters which should never rise to the level of a criminal prosecution.

Reuters reported yesterday that the case is scheduled for trial in January 2007. But, it may never occur. There are more documents that Fitgerald is so far unwilling to turn over....

Fitzgerald told the judge he had turned over all relevant information, including an additional 1,000 pages this week, but Wells urged the judge to force Fitzgerald to turn over even more material.

“We believe there are thousands and thousands and thousands of pages that Mr. Fitzgerald is in possession of that he has decided not to give to us,” Wells said.

Libby’s counsel Theodore Wells, is quoted as saying that

“in the next three weeks he expects to file a motion arguing that the indictment should be dismissed.”

(Excerpt)

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