A lawyer for I. Lewis "Scooter" Libby told a federal judge Tuesday that the former White House aide's right to a fair trial outweighs any special protection claimed by media organizations touched by the CIAleak investigation. We are in a case that for better or worse, the press is right in the middle of," said William Jeffress, one of Libby's lawyers.
During a three-hour hearing in U.S. District Court, Jeffress debated lawyers for NBC News, The New York Times and Time magazine over subpoenas seeking access to e-mails, drafts of news articles and reporters' notes that he said are essential to Libby's defense. U.S. District Judge Reggie B. Walton was skeptical of many of the defense's requests, saying he respects "the important role the press plays in society." He did not rule immediately.
Instead, the judge said he will privately review some of the media materials Libby wants before deciding whether to order that they be turned over. Jeffress wants to use the records during Libby's trial early next year to cast doubt on the prosecutor's claims that Libby lied about outing a CIA officer to punish her husband for criticizing the Bush administration's reasons for going to war in Iraq.
The materials include: uncensored portions of two notebooks that former New York Times reporter Judith Miller kept during the period in which she talked to Libby in 2003, a transcript of a tape-recorded interview Times reporters did with Miller for an article the paper published in October 2005 about her role in the case and a document that Time magazine has that refers to Valerie Plame but not to her CIA affiliation.
http://news.yahoo.com/s/ap/20060517/ap_on_go_ca_st_pe/cia_leak