No Easy Answers


Saturday, January 13, 2007

Fitzgerald Motion for Extention to File Redacted Pleadings [Doc 245]

Team Fitzgerald is looking for a substantial delay in filing redacted versions of their CIPA 6(a) pleadings. I expect Judge Walton will grant this motion, perhaps conditioning the grant on the government redacting the transcripts of multiple classified hearings per the originally ordered deadline of March 2nd.

See November 15, 2006 Order [Doc 189]. From the docket ...

189 ORDER as to I. LEWIS LIBBY; that the government shall complete a classification review of this Court's November 15, 2006 Opinion [This is a specific reference to Court Opinion Re: CIPA 6(a) Admissibility, (Doc 191/209)] by December 1, 2006. That the government shall complete a classification review of the pleadings filed under seal by January 15, 2007, and the transcripts of the classified proceedings by March 2, 2007. That the government shall provide redacted copies of these items to the Court immediately upon their completion; Signed by Judge Reggie B. Walton on 11/15/06.

That Judge Walton is amenable to an extension, maybe even expected a motion for an extension, was foreshadowed in footnote 1 of his November 15 Order.

1 The Court recognizes that there has been a substantial amount of classified information that has been discussed in the papers filed with this Court and addressed during the various closed hearings. Thus, upon a showing of good cause, this Court will entertain a motion to extend time to complete the classification review.

I wish redacted versions of the CIPA 6(a) pleadings would have been released on schedule, as they would facilitate more detailed analysis and speculation relating to defense evidence produced at trial. Check out the redacted court opinion (link above) to obtain a preview of the subject matter that Libby intends to introduce. The general object of this aspect of the defense is to convince the jury that his preoccupation with things other than Wilson and Wilson's wife caused him to forget any and all official exposure he had to the fact that "Wilson's wife works at the CIA."

Note too, Fitzgerald has obtained a delay in the filing of a response in the Circuit Court of Appeals regarding the Motion of Dow Jones and Associated Press to release more of the Appellate Court opinion, and Fitzgerald's affidavits to the District Court below that resulting in the Court's compelling Miller and Cooper to testify before the grand jury.




  Case 1:05-cr-00394-RBW      Document 245    Filed 01/13/2007      Page 1 of 4



                          UNITED STATES DISTRICT COURT
                          FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA                    )
                                            )      CR. NO 05-394 (RBW)
              v.                            )
                                            )
I. LEWIS LIBBY,                             )
      also known as "Scooter Libby"         )


                   MOTION TO EXTEND TIME FOR COMPLETION
                         OF CLASSIFICATION REVIEW

       The government hereby moves to extend time for completion of the classification

review of the pleadings filed under seal in this matter. In an order dated November 15,

2006, the Court ordered that the classification review of the Court's November 15, 2006

opinion be completed by December 1, 2006; that the classification review of the

pleadings filed under seal in this matter be completed by January 15, 2007; and that the

classification review of the transcripts of the classified proceedings be completed by

March 2, 2007. In addition, in an order dated December 11, 2006, the Court ordered that

a classification review of the Court's December 8, 2006 opinion be completed by

December 22, 2006.

       With great efforts by the appropriate national security agencies, the government

met both the Court's December 1, 2006 and December 22, 2006 classification review

deadlines. The national security agencies have continued to work diligently on the

classification review of the pleadings and the transcripts; however, they have given

priority to activities necessary to avoid a delay in the trial start date of January 16, 2007.



     Case 1:05-cr-00394-RBW         Document 245       Filed 01/13/2007     Page 2 of 4



In light of those activities, and the fact that there are a very limited number of personnel

responsible for conducting the necessary classification reviews, the government is unable

to meet the January 15, 2006 deadline for completion of the classification review of the

pleadings. The government respectfully requests that the Court extend the deadline for

completion of the classification review of the pleadings until March 2, 2007.


                                                  Respectfully submitted,


                                                  ____________________
                                                  PATRICK J. FITZGERALD
                                                  Special Counsel
                                                  Office of the United States Attorney
                                                  Northern District of Illinois
                                                  219 South Dearborn Street
                                                  Chicago, Illinois 60604
                                                  (312) 353-5300




Dated: January 13, 2007




                                              2



     Case 1:05-cr-00394-RBW            Document 245   Filed 01/13/2007    Page 3 of 4



                           UNITED STATES DISTRICT COURT
                           FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA                    )
                                            )     CR. NO 05-394 (RBW)
               v.                           )
                                            )
I. LEWIS LIBBY,                             )
      also known as "Scooter Libby"         )


                                           ORDER

       Upon consideration of the government's Motion to Extend Time for Completion of

Classification Review, it is hereby,



        ORDERED that the Motion to Extend Time for Completion of Classification Review is

GRANTED.




Dated: __________________                         _________________________________
                                                  HON. REGGIE B. WALTON
                                                  UNITED STATES DISTRICT JUDGE



     Case 1:05-cr-00394-RBW           Document 245        Filed 01/13/2007      Page 4 of 4



                                CERTIFICATE OF SERVICE


       I, the undersigned, hereby certify that on this 13th day of January 2007, I caused true and

correct copies of the foregoing to be served on the following parties:


                          William Jeffress, Esq.
                          Baker Botts
                          The Warner
                          1299 Pennsylvania Avenue, N.W.
                          Washington, DC 20004-2400
                          Facsimile: 202-585-1087

                          Theodore V. Wells, Esq.
                          Paul Weiss
                          1285 Avenue of the Americas
                          New York, NY 10019-6064
                          Facsimile: 212-373-2217

                          John D. Cline, Esq.
                          Jones Day
                          555 California Street
                          San Francisco, CA 94104
                          Facsimile: 415-875-5700



                                                     Patrick J. Fitzgerald
                                                     Special Counsel
                                                     U.S. Department of Justice
                                                     10th & Constitution Ave., NW
                                                     Washington, D.C. 20530
                                                     202-514-1187

                                              By:                /s/
                                                       Kathleen M. Kedian
                                                       Deputy Special Counsel

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