Judge give Fitzgerald an out on Libby trial

NBC News:

The judge in the CIA leak case ruled Thursday that if Special Counsel Patrick Fitzgerald feels that admitting certain classified documents at the upcoming trial of I Lewis "Scooter" Libby can jeopardize national security, Fitzgerald can then move to dismiss the perjury charges against Libby.

Judge Reggie Walton cannot automatically allow classified materials to be admitted at trial. He first must go through a series of closed hearings under CIPA regulations. CIPA, the Classified Information Procedures Act, protects and restricts the discovery of classified information in a way that does not impair the defendant's right to a fair trial. It also allows the government to propose a redacted version of a classified document as a substitution for the original, having deleted only non-relevant classified information.

In his ruling this morning, the Judge Walton, has given a technical legal victory to Libby's attorneys concerning the admissibility of classified materials they want to present at trial for their defense.

...
Fitzgerald should jump on this opportunity before he embarrasses himself further with this bad case. The Armitage revelation makes the whole case smell of bad faith on the part of the prosecution.

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