Sunday, August 20, 2006

Even Libby Can't Get All the Discovery He Wants

"Scooter" Libby, scheduled for trial in January, is having a problem getting some of the discovery material he wants for this trial.  The issue he faces is common in cases of espionage and sometimes terrorism, but this particular problem is rarely seen in the white collar case.  The problem, according to the Wall Street Jrl. here, is that some of the documents are sensitive documents that might risk national security if released.  Not an unexpected ruling when dealing with a CIA leak.

It is important to note here that the judiciary is making the decision of whether to release the documents. Considerations are whether the accused truly needs this material for his or her defense and the issues of national security that might accrue if the information were released.

(esp)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2006/08/even_libby_cant.html

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