Sunday, February 05, 2006

Fitz is back in the news, such as the news is, these days.

Ding-dong Norah O'Donnell (she can write?) was ever so helpful on this front this morning:
Fitzgerald's letter was responding to a request from Libby's lawyers for additional documents, e-mails and other correspondence the Libby team says is essential to mount a defense. Lawyers for Libby this week accused prosecutors of withholding evidence the defense team has sought.
But if one actually bothered to read Libby's Motion to Compel Discovery of Information Regarding News Reporters and Organizations (and here we feel adequately justified in jumping to the conclusion that this is beyond Norah's abilities), it is abundantly clear that Libby's request for documents relies on a complete misstatement of what Libby is actually charged with:
This motion concerns the defense's request for production of documents and information regarding three important issues in this case: what did the press know prior to June 14, 2003 about whether Valerie Plame Wilson worked at the CIA, from whom did they learn it, and with whom did they discuss it. This information is important for a number of reasons. Most significantly, it relates directly to the truth or falsity of two alleged false statements by Mr. Libby: (1) that Mr. Russert said "all the reporters knew" about Ms. Wilson's employment status; and (2) that Mr. Libby "had heard that other reporters were saying that Wilson's wife worked at the CIA."
Is this all they've got? If so Scooter is the one in the bear cage and Fitzgerald is the one with the stick. Scooter is not charged with lying to Tim Russert, he's charged with lying to the FBI and the grand jury about what was said during his conversation with Russert. Fitzgerald never took issue with the substantive truth of what Russert and Libby did or did not say to each other, only that Libby's account of the conversation was different than Russert's. And the evidence supports Russert's version.

Libby's lawyers claim:
 

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