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Monday, December 11, 2006

Order Re: CIPA 6(c) Substitutions [Doc 215]

Judge Walton, in the US v. Libby trial, issued an Order and Opinion regarding Fitzgerald's proposed substitutions for classified information. It isn't clear to me if the December 8th Order covers all the proposed substitutions (i.e., if Fitzgerald's "Supplemental Motion" covered all of the substitutions, or just "supplemental" ones), but the order reads as though it addresses all of the classified information that was ruled admissible.

The Jurist, Associated Press, and MSNBC assert that this ruling "all but resolved the protracted legal fight over classified information in the CIA leak case," and "may also effectively end what prosecutors say was Libby's attempt to try to get the case dismissed by demanding so much sensitive information."

Here is the text of Walton's December 8 Order.

Case 1:05-cr-00394-RBW Document 215 Filed 12/11/2006 Page 1 of 1



On November 7, 2006, the Court commenced hearings pursuant to Section 6(c) of the Classified Information Procedures Act ("CIPA"), 18 U.S.C. App. III (2000), to assess whether the substitutions proposed by the government for the documents and information this Court had ruled are relevant and admissible during the CIPA Section 6(a) proceedings "provide the defendant substantially the same ability to make his defense as would disclosure of the specific classified information." For the reasons set forth during the CIPA Section 6(c) proceedings and in the accompanying Memorandum Opinion, it is hereby,

ORDERED that the Government's Supplemental Motion Pursuant to CIPA Section 6(c) for Substitutions in Lieu of Disclosure of Classified Information is GRANTED. It is further

ORDERED that the government shall complete a classification review of this Court's December 8, 2006 Opinion by December 22, 2006.

SO ORDERED this 8th day of December, 2006.


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