Judge Walton today issued an order and memorandum opinion today respecting Libby's motion to prohibit the government from filing an ex parte submission of classified information to the court without first making a particularlized showing of exceptional circumstances. At first glance the memo and order seem to indicate that he views with a gimlet eye the notion that ex parte submissions claims and will entertain them only under circumstances where the dfendant's interests in a fair trial are protected as fully as possible. He also rejects the notion that Libby and his lawyers all of whom are cleared to handle classified information should be kept in the dark as if the defendant were a suspected spy and his counsel untrustworthy.
Any Section 4 filings submitted by the govt must include a declaration, executed by an intelligence official with requisite classification review authority, which (1) describes the reasons for the classification of the information at issue,(2)sets forth the potential harm to national security that could result from its unauthorized disclosure; and (3)explains why the defense, based upon appropriate classification guidelines, does not have a "need to know" the information
Clarice Feldman
Judge Walton's Order
1 comment:
Rick and Clarice, Thanks for the scan of the order. I read it last night. The judge appears to be protecting Libby's rights on significant issues/omissions.
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