Judge Issues Opinion in Libby Case
Judge Walton issued a Memorandum Opinion (PDF) today regarding Fitzgerald’s prior motion on procedural issues surrounding CIPA and classified documents review.
To make a long legal wrangle short — Team Libby did not want Fitz to be able to send classified documents for ex parte review to the judge, they wanted Fitz to have to haggle every document out adversarily with regard to discovery issues. Fitz wanted everyone to follow the procedures as required by CIPA, which allows for such ex parte submissions where there is a question about the danger of national security by the dissemination of the information contained therein.
Perhaps Judge Walton is just a bigger believer in the importance of protecting ALL the nation’s classified secrets than Scooter and his pals are. The laws being what they are and all — and the information being classified for very good reasons. You know, silly things like the names of people on the NOC list.
As reader PowWow said in the comments:
Special Counsel Fitzgerald’s elegant motion seeking clarification or reconsideration of an earlier Opinion by Judge Walton was thoroughly vindicated today. I commend the Judge for openly acknowledging and remedying his earlier Opinion so frankly and cleanly. Bodes well for future, complex decisions yet to be made in this case by this Judge, I think (even if he may need a little assist now and then from his colleagues in the area of classified information procedure).
Very well done, Special Counsel and team.
Good on ya, Judge Walton — and good on ya, Team Fitz.
(Statue of Winged Victory of Samothrace, Marble, h. 3.28 m (11 ft), found on the island of Samothrace, sculpted around 190 BC, Musee du Louvre, Paris. Sorry, couldn’t help myself. I’m clearly punchy on the snark today.)