Alright, alright, I know there have been about 100 Plame-related things that have come up while I've been buried. Though technically, I'm still buried, for eight more days. So you're going to have to wait a bit.
But I did want to share this filing that Jeff kindly sent over. In it, Libby moves to require the
...government to provide to the defense all the information it expects to use to rebut the classified information that the government has found to be relevant and admissible under CIPA.
That basically means Libby is demanding to learn how the government will respond to his crappy memory defense. I find this interesting for two reasons.
First, I am utterly convinced that Libby is now just playing for an appeal. Every filing (all those ones I ignored while buried) they have submitted of late has raised the question of due process prominently. As in,
Absent reciprocity here under 6(f), the massive pretrial disclosure that CIPA has compelled Mr. Libby to make would violate his Fifth Amendment right to due process.
In other words, if I don't get my way, then I'm going to call "Foul!" and ask my good friend Scalia to get me off on a technicality. Or rather, "well, damnit, my graymail defense has failed so now I will try to use it to lay the basis for appeal."
Not that I blame Libby. As I've been arguing, Bush can't pardon Libby before the trial, because if he does, it'll make it a lot easier to bring the civil case. (And there's no reason to pardon Libby now unless you know that Libby won't have to take the stand in a civil case in a few months anyway.) So he's got to find a way to stay out of jail until Bush can pardon him. You know, some kind of appeal. One that will last at least 2 years.
The second reason I find this interesting is that it suggests Libby is fishing for something. As if he knew something really incriminating was out there, but isn't sure whether Fitzgerald has that piece of evidence. And need I remind you that this defense is not an individual defense, but one designed to keep Dick et al out of the clink. So the more Libby can fish, the better off the communal defense will be able to prepare.
Of note, Libby mentions Jencks, the stuff that has come up in likely witness testimony which Fitzgerald has consistently held off on providing (he has to provide it before the trial, but he's not going to do it before he has to).
So I think this means that Libby knows some of the witnesses out there will be able to rebut his testimony about being too busy to remember that he deliberately outed a spy. Maybe it's as simple as Cathie Martin, who in testimony (I'm making this up, remember) said, "Goddamn, that Libby, he just wouldn't shut up about Joe Wilson and his wife. From the moment he learned of Wilson until I left in Fall 2003, it was Wilson Wilson Wilson all the time. He was even putting it ahead of his very important security work, like keeping North Korea from developing a bomb, which is why they've now got one." You know, something like that. And given the multiple public reports of Libby's little scrapbook on Joe Wilson, it's not that implausible that Martin would testify accordingly.
But I also wonder if there isn't something else, something even more damning out there, that would prove that Libby's lies were just that, lies.