Saturday, July 1, 2006

Will Libby's Trial Be Delayed Further?

An AP story (here) reports that U.S. District Judge Reggie Walton will hold a motion by I. Lewis Libby until September before deciding whether to postpone the trial that is currently scheduled to begin on January 8, 2007.  Libby's lead trial counsel, Theodore Wells, Jr., of Paul Weiss, has a trial scheduled in Los Angeles County Superior Court that may go until early January, and the defense filed a motion requesting a postponement until February 12.  Judge Walton will wait until the judge in Los Angeles holds a scheduling conference on August 31 before deciding on the defense motion.  Whether that conference will provide much clarity about Wells availability is an open question because trials almost inevitably last long than expected -- a handy rule of thumb is to take any litigators estimate of trial time and add 50%.  It is likely the Libby trial will be moved at least into February 2007, and could be pushed back even further if problems related to national security information arise that could easily derail discovery. (ph)

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