I hate to just post and run...and I'm not, actually, but I've been gone for a week and found this on the DOJ website. I apologise if it's old news; if it's not, holy moses, it has been revealed.
Case 1:05-cr-00394-RBW Document 105 Filed 05/12/2006 Page 1 of 10�
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA ) ) CR. NO 05-394 (RBW) v. ) ) I. LEWIS LIBBY, ) also known as "Scooter Libby" ) GOVERNMENT'S RESPONSE TO COURT'S INQUIRY REGARDING NEWS ARTICLES THE GOVERNMENT INTENDS TO OFFER AS EVIDENCE AT TRIAL The UNITED STATES OF AMERICA, by PATRICK J. FITZGERALD, SPECIAL COUNSEL,
respectfully submits the following in response to the Court's direction, during the May 5, 2006 oral argument on defendant's Third Motion to Compel Discovery, that the government identify any exhibits consisting of news articles that it anticipates offering in its case in chief at trial.1 As set forth more fully below, the Government currently intends to offer in evidence one news article in its entirety (a copy of the July 6, 2003, "Op Ed" article by Joseph Wilson bearing handwritten annotations) subject to a limiting instruction advising the jury that the statements in that article are not offered for the truth of the matter asserted. The government also intends to offer several other news articles in redacted form, similarly subject to a limiting instruction. Finally, the government anticipates that testimony at trial, as well as portions of the defendant's grand jury 1 In preparing this response, the government notes that, because many months remain before trial, many issues, including issues concerning classified discovery, remain to be decided. Moreover, the issues that will be disputed at trial have not been fully framed, and the specific arguments of the defense have not been brought into focus to the extent that they will be following opening statements. In addition, the government has not received any defense discovery to date. As a result, the government's description of its intentions regarding the offering of news articles necessarily is tentative, but the government sets forth its intentions as accurately as it can in good faith at this time.