Friday, February 17, 2006

What's good for the goose...


Scooter Libby's attorneys have submitted a massive discovery request to prosecutor Patrick Fitzgerald's office, asking for a staggering amount of classified docs to aid their defense. Fitzgerald was not happy:
..the handover of such material to I. Lewis 'Scooter' Libby could harm national security, infringe grand jury secrecy and executive privilege and unnecessarily delay the trial.
No doubt a scattergun approach by Libby's team to overwhelm the prosecutor with document requests they know can't or won't be honored. Much thought has gone into this game.

Libby's defense is already crystalizing--in addition to dragging every prominent journalist in DC and NY into court and forcing them to decide whether to give up sources or face jail, he'll also generate document hamster dances around Fitzgerald, requiring the need to release classified information:
"As the defendent well knows, the PDB is an extremely sensitive document which implicates very serious concerns about both classified information and executive privilege,"
The ultimate goal is to force the media and prosecutor into deciding whether it's really worth pursuing a perjury case in light of all the above.

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