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Libby Trial Delayed One Month…


Team Libby has requested that the trial date be moved from January 8, 2007, to February 12, 2007, due to a scheduling conflict for lawyer Ted Wells.  (Wells is trying a large securities fraud case in California that looks like it may stretch to twelve weeks or longer, which would extend into the trial time for Irving’s scheduled date.)  Nothing odd about this — happens all the time in court dockets — but it was worth a mention because there are other motions deadlines coming up that have had extension requests as well.

There is also an unopposed request for extensions on the filing deadlines regarding Team Libby’s motions on morning briefing information from the government.  Libby is now asking that his motions be filed no later than July 11, and that Fitzgerald and his team file response briefs no later than July 31st, with Libby’s response to this government filing due then to the court no later than August 9th.  The hearing on these motions and briefs would remain at the August 16th date which is now set.

The trial schedule motion may be revisited after an August 31st, 2006, scheduling and pretrial conference in Ted Wells’ California case, should there be any changes to the trial schedule or status of that matter.

As I said, this is fairly standard in terms of legal procedure in cases which are going to take longer than a couple of days for trial.  You do not want to have a date certain and then have to interrupt proceedings for some other matter — it is unfair to juries in both matters to do so.  There are procedures set up for Federal and State court docketing as to which trials and scheduling matters take precedence — prior scheduled jury trials generally being at the top of the list — and Judge Walton will review this motion, his schedule and that of the California case before making a decision.  Because the government does not oppose the motions, it is likely that both will be granted — but ultimately any scheduling and deadline decisions are up to the presiding judge.

(Huge thank you to Jeralyn for sending along PDFs of the documents.)

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Christy Hardin Smith

Christy Hardin Smith

Christy is a "recovering" attorney, who earned her undergraduate degree at Smith College, in American Studies and Government, concentrating in American Foreign Policy. She then went on to graduate studies at the University of Pennsylvania in the field of political science and international relations/security studies, before attending law school at the College of Law at West Virginia University, where she was Associate Editor of the Law Review. Christy was a partner in her own firm for several years, where she practiced in a number of areas including criminal defense, child abuse and neglect representation, domestic law, civil litigation, and she was an attorney for a small municipality, before switching hats to become a state prosecutor. Christy has extensive trial experience, and has worked for years both in and out of the court system to improve the lives of at risk children.

Email: reddhedd AT firedoglake DOT com