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Saturday, February 18, 2006

Classified information and criminal defense

In this NYT article, we are told that Scooter Libby's attorneys may be trying to "graymail" any prosecution by Patrick Fitzgerald by demanding access to classified or sensitive government documents.
Graymail is the practice of discouraging a prosecution from proceeding by contending that a defendant may need to disclose classified or sensitive information as part of a full defense. Such an approach can force the government to choose between dropping the prosecution or allowing the information to be disclosed at a trial.

I am no legal expert, but isn't it at least ironic that Libby used to work for the same government that so prizes confidentiality, secrecy and executive privilege? Indeed, the Veep's office is one of the chief advocates and practitioners! Now Libby wants all the information he can get for his own defense. (OK, not really-- it's probably mostly a ploy, but he is working what used to look like American standards of justice here.) Must look different standing on the other end of the old shotgun barrel, huh, Scooter?

So, will Libby come out in support of reform in the trials of others accused of being threats to national security (terrorists!) facing secret evidence? Will he soon favor habeas corpus for Gulag Gitmo inmates? Don't hold your breath (unless, with Walldon, you are practicing being waterboarded).

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