Friday, February 17, 2006

Yes, but the big story is yet to come ...

Just One Minute has the latest on the legal back and forth between Libby's lawyers and Fizgerald, the Plame prosecutor, on the question of what information the prosecution must provide to the defense. Everything he says is interesting, but readers need to remember one important point -- just because the prosecution may not be required by the Judge to hand over lots of information about which reporters spoke with whom when, does not mean that the defense can't find that out with subpoenas of its own.

Note, I've never practiced criminal law. However, as I understand it, the defense is entitled to request that the prosecutor turn over all relevant info. All such info makes the job of the defense easier. But the defense's ability to develop information doesn't stop there. It only starts there.

I suspect that this case will ultimately see a host of famous reporters being put on the witness stand and being forced to choose between jail and revealing sources, etc. I see a whole lot of embarassment, gnashing of teeth, wails about the First Amendment and reporters' privileges, etc.

Sounds like it will be fun to watch (although not for Lewis Libby).


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