Brer Libby and the Greymail Briar Patch
By Larry Johnson on March 10, 2006 at 7:08 PM in Current Affairs
by
Larry C. Johnson
Today’s judicial ruling that Scooter Libby’s defense team should get access to highly classified documents probably is a blow to Libby’s greymail defense strategy. “Greymail” is a reference to past attempts by government officials charged with wrongdoing to derail their prosecutions by trying to expose national security secrets. In this case Libby’s lawyers were clearly counting on the judge to do one of two things–either refuse their request or order the CIA and the White House to turnover everything they desired.
If the judge had refused their request then Libby would have had grounds in an appeal that he had not been allowed to defend himself. If the judge granted their request “carte blanche” (i.e., imposing no limits) then the CIA and White House would certainly stonewall, continue arguing executive privilege, and force the entire process into an appeal that probably would wind up before the Supreme Court.
The judge appears to have undermined the ability of the CIA and the White House to fight this all the way to the Supreme Court. He appears to have insulated himself against that course of action by offering up very reasonable conditions for protecting some of the most sensitive intelligence. As noted on the CNN website:
The judge said the CIA can either delete highly classified information from the briefing material and provide copies of what Libby received six days a week, often with Cheney. Or, Walton said, the CIA can produce “topic overviews” of the matters covered in the briefings. The judge also ordered the CIA to give Libby an index of the topics covered in follow-up questions that the former White House aide asked intelligence officers who conducted the briefings.
So, what will Libby’s lawyers find in the PDB and other documents? Nothing that will save Libby’s traitorous ass. In fact, I can’t wait to see the notes reflecting what Cheney and Libby requested at the end of each briefing. Was it Cheney or Libby who asked about the identity of Joe Wilson’s wife? Those notes should help clarify that question.
But, Scooter’s team will not find tidbits that exonerates Scooter. They tried to creat a briar patch and were praying that the judge would toss Brer Libby into it. Looks like the judge has burned the briar patch down.
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