No Easy Answers

Tuesday, December 19, 2006

Court Order to Press to be Prepared to Produce [Doc 14]

Must be read in conjunction with Walton's May 26 Order in order to discern which media entities still hold "contested" papers. Note the absence of Russert, who would have no papers if his version of his July 11, 12 (whenever) conversation with Libby is true.

Libby earlier noticed the Court (in part IV of his December 14 status report) that he would seek final rulings on certain papers, and that he would again subpoena Miller's notebook(s) even though the Court earlier ruled they contained no data that was relevant for the proffered defense. Miller is covered by the order below.

     Case 1:06-mc-00126-RBW              Document 14        Filed 12/19/2006        Page 1 of 2

                             UNITED STATES DISTRICT COURT
                             FOR THE DISTRICT OF COLUMBIA

      v.                            )                  Criminal No. 05-394
I. LEWIS LIBBY,                     )
                        Defendant.  )
                                    )                  Misc. Nos.      06-123
NBC NEWS, MATTHEW COOPER,           )                                  06-124
JUDITH MILLER, ANDREA MITCHELL,     )                                  06-125
TIME INC., AND                      )                                  06-126
THE NEW YORK TIMES,                 )                                  06-128
                                    )                                  06-169
                        Movants.    )


       On May 26, 2006, this Court issued a Memorandum Opinion and Order addressing

motions to quash Rule 17(c) subpoenas issued by Mr. Libby to certain news reporters and news

organizations. United States v. Libby, 432 F. Supp. 2d 26 (D.D.C. 2006). In this opinion, the

Court deferred ruling on whether certain documents should be produced to the defendant. Id.

The Court anticipates that the defendant will, during the trial in this matter, seek a final ruling as

to those documents. Accordingly, it is hereby,

       ORDERED that the movants' counsel shall be present in the courtroom during any

testimony that may impact the Court's final ruling on this matter. It is further

       ORDERED that the movants' counsel shall be prepared to immediately produce copies

of the disputed documents to both the defendant and the government upon an order from the

     Case 1:06-mc-00126-RBW        Document 14     Filed 12/19/2006   Page 2 of 2


         SO ORDERED this 19th day of December, 2006.

                                                  REGGIE B. WALTON
                                                  United States District Judge


^_~ ~_^

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