No Easy Answers

Thursday, February 15, 2007

Motion to Unseal (Fitz Affidavits) is Denied (for now)

Recent Action in the Dow Jones (and AP) Motion to unseal the papers that represent Fitzgerald's affidavits and the presently redacted opinion of the Circuit Court of Appeals, in what I refer to as the "Miller and Cooper Must Testify" case -- a case that was conducted as a prelude to the Libby indictment.

   2/9/07      PER CURIAM ORDER filed [1022187] denying motion to unseal
               without prejudice to the refiling upon completion of the
               proceedings in US v. Libby, No. 05-cr-00394 (D.C.D.C.)
               [1012356-1] Before Judges Sentelle, Henderson, Tatel.
               [Entry Date: 2/9/07] [04-3138, 04-3139, 04-3140] (mcm)
               [04-3138 04-3139 04-3140]

This is in agreement with the government's request to deny the Motion to Unseal -- or hold it in abeyance until the Libby case is concluded. The Court's denial of the Motion "without prejudice" means that the same or similar Motion can be filed after Libby's criminal trial is concluded.

From the previous filings, I infer that the government will supply the Circuit Court of Appeals with a list of elements in the affidavits and currently redacted opinion that can now be published, where the selection is supported by the court record in the Libby trial.

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