The [Secret] Kitchen Sink Defense

From Holden:

The lawyers representing Irving Lewis “Scooter” Libby in his perjury trial are asking for just about every classified document under the sun in order to stop the wheels of justice from running him down.

Yesterday they demanded that Patrick Fitzgerald provide them with nearly a years worth of PDBs — even though the Special Counsel does not have them and has not used them to prosecute Libby.

Lawyers for a former top White House aide want access to classified intelligence briefings to show that he had more pressing matters on his mind than lying about leaking the identity of a CIA operative to get even with her husband for criticizing President Bush.


Specifically, Libby’s lawyers are seeking copies of the highly secretive President’s Daily Brief, a summary of intelligence on threats against the United States, given to Bush from May 6, 2003, to March 24, 2004.


In a Jan. 9 letter to Libby’s lawyers, Fitzgerald said he believes he is obligated to turn over only documents in the FBI’s possession. Fitzgerald also said he did not have _ nor did he request _ many of the documents that Libby’s lawyers want.

“As you are no doubt aware, the documents referred to as the Presidential Daily Briefs are extraordinarily sensitive documents which are usually highly classified,” Fitzgerald wrote. “We have never requested copies of any PDBs.”

And today they want any and all CIA records regarding Valerie Plame’s covert status despite the fact that Libby has not been charged with leaking her identity to the press (he’s simply been charged with lying about leaking her identity to the press).

Attorneys for Vice President Cheney’s former chief of staff urged a court yesterday to force a prosecutor to turn over CIA records indicating whether former CIA operative Valerie Plame’s employment was classified, saying the answer is not yet clear.

I suppose he’s trying to run out the clock so he can pick up his pardon in December 2008 before his trial concludes, but he better not piss Fitzi off if he knows what’s good for him.