Boom!
WASHINGTON - I. Lewis (Scooter) Libby, Vice President Dick Cheney's former chief of staff, will in part base his defense on the claim that Cheney instructed and encouraged Libby to share classified information with reporters, sources familiar with the case tell NBC News.
Libby's attorneys discussed the matter with prosecutor Patrick Fitzgerald and the judge in the case in a recent conference call, the sources confirmed.
A cryptic reference to the conference call and the alleged Cheney role emerged a few days ago when a series of letters between Fitzgerald and Libby lawyer John D. Cline were released by the court.
Cline wrote to Fitzgerald, “As we discussed during our telephone conversation, Mr. Libby testified in the grand jury that he had contact with reporters in which he disclosed the content of the National Intelligence Estimate (NIE) in the course of his interaction with reporters in June and July 2003. ... We also note that it is our understanding that Mr. Libby testified that he was authorized to disclose information about the NIE to the press by his superiors.”
Legal sources close to the defense indicated the authorization to discuss classified information by superiors, including Cheney, will be a crucial part of Libby's defense. The sources spoke on condition of anonymity because the case hasn't gone to trial yet.
At the moment, Libby's defense team and Fitzgerald are battling over access to pretrial evidence and classified information. Libby has said that certain classified documents are essential to his defense.
Fitzgerald says the classified documents are irrelevant to whether Libby lied to the grand jury about conversations with reporters. Libby is trying to make the argument that without the classified documents, his due process rights are being violated and therefore the case should be dismissed. The refusal of the White House to turn over the documents could lead to the case being thrown out.
However, most lawyers contacted by NBC News have called Libby's arguments “thin,” and suggest it is highly unlikely that Judge Reggie Walton of federal court for the District of Columbia would agree to throw out the case. And lawyers also told NBC News that prosecutors have made a strong case as to why the classified documents irrelevant.
Charges? Charges against Dick too? Please?