Monday, the Special Prosecutor filed an interlocutory appeal in the Libby case under the special provisions of the Classified Information Procedures Act (CIPA) respecting the trial court's ruling on what the appropriate test is for providing Libby with classified material for his defense. As a result, a very substantial delay in resolving the case is possible.§ 7. Interlocutory appeal(a) An interlocutory appeal by the United States taken before or after the defendant has been placed in jeopardy shall lie to a court of appeals from a decision or order of a district court in a criminal case authorizing the disclosure of classified information, imposing sanctions for nondisclosure of classified information, or refusing a protective order sought by the United States to prevent the disclosure of classified information.(b) An appeal taken pursuant to this section either before or during trial shall be expedited by the court of appeals. Prior to trial, an appeal shall be taken...(Read Full Post)