New Scooter Libby Filings

There's been a flurry of filings in the Scooter Libby case. Shorter version: Both Fitz and Libby want to keep information about l'affaire du Plame from the jury. Courtesy of Next Hurrah:

  • Libby's Motion to Exclude information about Valerie Plame's employment status. (pdf)

Libby doesn't want it to be inferred that his talks with Judith Miller about the NIE were improper. He doesn't want it inferred that he thought he could lie because he believed reporters would refuse to testify. He doesn't think Valerie Plame's covert or non-covert employment status, or any damages she may have sustained, are relevant to the trial.

Fitz' filing is here (pdf.) Fitz doesn't want the jury to hear:

As for evidence, comment, and argument regarding whether other persons have been charged with crimes as a result of the investigation, those too lack relevance to the issues on trial.1 The fact that no other person was charged with a crime relating to the disclosure of classified information says absolutely nothing about whether defendant Libby is guilty of the charged crimes.

Similarly, the fact that no other person has been charged with obstruction of justice, perjury, or making false statements has no relevance to the issues in the trial. Evidence, comment, and argument about the government’s charging decisions have no tendency to make any matter of consequence to the determination of the action more or less probable.

Even Fitz acknowledges however that whether other possible defendants didn't get charged because they cooperated with Fitz and got immunity from prosecution is a different story.

Who's in that group? I'd bet Ari Fleischer and Marc Grossman, for starters.

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    Scooter's filings (none / 0) (#1)
    by scribe on Tue Oct 31, 2006 at 03:09:38 PM EST
    It seems Scooter's briefs have a noticeable number of a fortiori adjectives in them.  Some of his arguments seem almost breathless....

    Why do I think the fish is seeing the net closing?

    Re (none / 0) (#2)
    by Deconstructionist on Tue Oct 31, 2006 at 03:14:35 PM EST
    Wishful thinking?