As I have observed, the Special Prosecutor, constrained by the DoJ regulations on questioning reporters about their sources and by his felt need to do so, conducted a perfectly ridiculous inquiry in which reporters who quite obviously had prior independent knowledge of Valerie Plame's identity were never asked about that knowledge of the source(s) of it, as Fitzgerald accused Libby of being the person who started the rumors of her employment.
Bob Woodward's voluntary acknowledgement of independent knowledge well before any conversation by Libby cited in the indictment was further evidence of this fact.
Today Libby's lawyers filed a motion which (a) will establish the half—baked nature of the investigation and (b) his right to independently question the media about matters which Fitzgerald should have, but failed to inquire, to make the investigation a fair one.
He's filed a new motion and it further undercuts the Fitzgerald charges and the case against Libby, I think:
WASHINGTON (AP) — Lawyers for a former top White House aide charged in the CIA leak investigation said Thursday the prosecutor should surrender a wide range of information about news organizations and their reporters, including The Washington Post's Bob Woodward.
Special Counsel Patrick Fitzgerald has failed to disclose information that would enable the vice president's former chief of staff, I. Lewis ``Scooter'' Libby, to properly defend himself, his attorneys argued in papers filed with U.S. District Judge Reggie Walton. (snip)
Libby would have the right to produce testimony that tended to show many reporters knew about Ms. Wilson's CIA employment and that Russert did make the statement Libby allegedly attributed to him, but that Russert had forgotten about it, the court filing stated.
The defense says it also has a right to show whether other reporters knew about Ms. Wilson's CIA employment and were discussing that fact with government officials, ``some of whom in turn may have shared such information with Mr. Libby,'' his lawyers said.
Clarice Feldman 1 26 06
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