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Case 1:05-cr-00394-RBW Document 84-1 Filed 04/14/2006

MOTION TO EXTEND TIME TO FILE EX PARTE DECLARATION

Defendant I. Lewis Libby, through his attorneys, respectfully moves this Court for an extension of time to file an Ex Parte Declaration detailing Mr. Libby's defenses in accordance with the Court's April 5, 2006 Order.

Since receiving the Government's Response to Defendant's Third Motion to Compel on April 5, 2006, the defense has been focusing on drafting Mr. Libby's Reply Memorandum of Law in Support of the Third Motion to Compel, which was filed on April 12. The defense is now in the process of preparing its responses to both the Court's Order to Show Cause and to the expected Motions to quash the Rule 17(c) subpoenas issued to the press. These responses are respectively due April 21, 2006 and April 25, 2006. In light of these upcoming filings, the defense requests this extension to file the Ex Parte Declaration detailing Mr. Libby's defenses in order to insure it has sufficient time to adequately focus on that important pleading. The defense has not previously requested an extension, and were the Court to grant this extension, it would not impact any of the current deadlines in this case.

The defense has conferred with the government, and the government has advised that it has no objection to our filing the submission on April 28, 2006.

For the foregoing reason, I. Lewis Libby respectfully requests that the court issue the attached order.

Case 1:05-cr-00394-RBW Document 84-2 Filed 04/14/2006

PROPOSED ORDER

Upon consideration of the defendant's Motion to Extend Time to File the Ex Parte Declaration, it is hereby

ORDERED that Defendant I. Lewis Libby may file the submission on April 28, 2006.

posted by cboldt  # 4/15/2006 10:33:00 AM