Discovery

Libby's First Motion to Compel Discovery (Media)


Filed 1/20/06 Excerpts
Discovery Status Report

Filed 1/26/06
Exhibits Filed 1/26/06
MOTION OF I. LEWIS LIBBY TO COMPEL DISCOVERY OF INFORMATION REGARDING NEWS REPORTERS AND ORGANIZATIONS

Exhibits include Mitchell's 10/3/03 statements on Capital Report.




Filed 2/3/06
ORDER

Regarding Libby's 1st and 2nd Motions to Compel Discovery. Order issued after 2/3/06 status conference and scheduling hearing.




Filed 2/16/06
GOVERNMENT’S CONSOLIDATED RESPONSE TO DEFENSE MOTIONS TO COMPEL DISCOVERY

This is the government response to both the 1st and 2nd Libby Motions to Compel Discovery.

Analysis Tom Maguire




Filed 2/21/06
REPLY MEMORANDUM OF LAW IN SUPPORT OF MOTIONS OF I. LEWIS LIBBY TO COMPEL DISCOVERY

Response to the Government’s Consolidated Response to Defense Motions to Compel Discovery




Transcript of February 24, 2006 Hearing

2/24/06 Transcript
Transcript of Status Conference

The discussion of Official One and the transcript of a tape recording





Posted 2/24/06
Libby Motion
Motion to Bar Ex Parte Submissions Under CIPA 4





Fitzgerald ExParte

Filed 3/1/06
Exparte affidavit in opposition to the motion by defendant I. Lewis Libby (“Libby”) to compel discovery of all “documents and information” regarding contact between news reporters and government officials.

Analysis Marcy Wheeler

Document redaction analysis by MJW, posted by Rick Ballard on 3/10/06.





Filed 3/10/06
Filed 3/10/06 ORDER
MEMORANDUM OPINION

Opinion regarding Libby's 1st Motion to Compel and 2nd Motion to Compel

Regarding 1st Motion the court concluded that the documents not produced by the government were not material and the government did not have to produce these documents to Libby.

Analysis Christy Hardin Smith
Analysis Jeralyn Merritt

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Libby's Second Motion to Compel Discovery (Classified Documents, Valerie Wilson's employment status, and CIA damage assessment)


Filed 1/20/06 Excerpts
Discovery Status Report

Filed 1/31/06
MOTION OF I. LEWIS LIBBY TO COMPEL DISCOVERY RULE 16 AND BRADY MATERIAL IN POSSESSTION OF OTHER AGENCIES


Exhibits to Libby's 2nd Motion to Compel

Exhibit A Letter Dated 12/14/05
Defense to Fitzgerald regarding discovery of classified documents

Exhibit B Letter Dated 1/9/06
Fitzgerald Response to 12/14/05 letter

Exhibit C Letter Dated 1/23/06
Fitzgerald Response to 1/5/06 letter

Exhibit D
Fitzgerald Press Conference 10/28/05

Exhibit E
Washington Post Article 10/1/03 "Justice Department Launches Criminal Probe of Leak"

Exhibit F
Text of White House Message to Staffers




Filed 2/3/06
ORDER

Regarding Libby's 1st and 2nd Motions to Compel Discovery. Order issued after 2/3/06 status conference and scheduling hearing.





Filed 2/16/06
GOVERNMENT’S CONSOLIDATED RESPONSE TO DEFENSE MOTIONS TO COMPEL DISCOVERY

This is the government response to both the 1st and 2nd Libby Motions to Compel Discovery.

Analysis Tom Maguire





Filed 2/21/06
REPLY MEMORANDUM OF LAW IN SUPPORT OF MOTIONS OF I. LEWIS LIBBY TO COMPEL DISCOVERY

Response to the Government’s Consolidated Response to Defense Motions to Compel Discovery




Filed 2/21/06
AFFIDAVIT OF THEODORE V. WELLS, JR. IN SUPPORT OF MOTION OF I. LEWIS LIBBY TO COMPEL DISCOVERY RULE 16 AND BRADY MATERIAL IN POSSESSTION OF OTHER AGENCIES




Transcript of February 24, 2006 Hearing

2/24/06 Transcript
Transcript of Status Conference

The discussion of Official One and the transcript of a tape recording




Filed 2/27/06
ORDER

Regarding Presidential Daily Briefings PDB

Analysis Tom Maguire





Filed 3/10/06
MEMORANDUM OPINION

Opinion regarding Libby's 1st Motion to Compel and 2nd Motion to Compel

Regarding Libby's 2nd Motion, the opinion states that Libby may have redacted copies of government documents and limits the time period Libby can see the topic areas of documents.

Analysis Christy Hardin Smith
Analysis Jeralyn Merritt



Filed 4/28/06
GOVERNMENT'S NOTICE OF EX PARTE PRODUCTION
CIA’s criminal referral letter, and accompanying documents,



Filed 6/2/06
Filed 6/2/06 HTML
PROTECTIVE ORDER

Details what Libby can have on Plame's employment and the CIA damage assessment.

"the Court finds that the documents and information identified in the government’s Section 4 CIPA filing are extremely sensitive and their disclosure could cause serious if not grave damage to the national security of the United States."

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Third Motion To Compel Discovery


Filed 1/20/06 Excerpts
Discovery Status Report


Filed 3/17/06
THIRD MOTION OF I. LEWIS LIBBY TO COMPEL DISCOVERY UNDER RULE 16 AND BRADY

Includes

Libby's request for documents Relating to Government Officials Who Are Likely To Testify as Witnesses at Trial

The Defense Is Entitled To Documents Necessary To Challenge the Government’s Arguments Relating to the NIE and Other Aspects of Mr. Libby’s Grand Jury Testimony




Filed 4/5/06
GOVERNMENT’S RESPONSE TO DEFENDANT’S THIRD MOTION TO COMPEL DISCOVERY

Analysis Christy Hardin Smith

Dated 4/11/06
Fitzgerald Letter amending 4/5/06 Filing





Filed 4/12/06
REPLY MEMORANDUM OF LAW IN SUPPORT OF THIRD MOTION OF I. LEWIS LIBBY TO COMPEL DISCOVERY

Analysis Jeralyn Merritt
Analysis Christy Hardin Smith





5/5/06 Motion Hearing and Response

5/5/06 Transcript
5/5/06 Transcript HTML cboldt
Transcript of Motion Hearing on 5/5/06

On May 5, 2006, this Court will conduct a hearing to address the defendant’s Third Motion to Compel Discovery Under Rule 16 and Brady.

Discussion of disclosure of parts of the NIE by Libby, Grossman, July 2, 2003 Libby conversation, News articles as evidence


Filed 5/12/06
Filed 5/12/06 HTML
GOVERNMENT'S RESPONSE TO COURT'S INQUIRY REGARDING NEWS ARTICLES THE GOVERNMENT INTENDS TO OFFER AS EVIDENCE AT TRIAL

Submitted in response to the Court's direction, during the May 5, 2006 oral argument on defendant's Third Motion to Compel Discovery, that the government identify any exhibits consisting of news articles that it anticipates offering in its case in chief at trial.

Filed 5/12/06
Attachments to GOVERNMENT'S RESPONSE TO COURT'S INQUIRY REGARDING NEWS ARTICLES THE GOVERNMENT INTENDS TO OFFER AS EVIDENCE AT TRIAL

Includes Annotated copy of Wilson's NYT Op-Ed, Kristof's May 6, 2003 column, Pincus's 6/12/03 WaPo, The New Republic article and more.


Filed 5/12/06 By Libby
Filed 5/12/06 HTML
SUPPLEMENTAL MEMORANDUM OF LAW IN FURTHER SUPPORT OF THIRD MOTION OF I. LEWIS LIBBY TO COMPEL DISCOVERY UNDER RULE 16 AND BRADY

Response to the Court's request during oral argument on May 5, 2006 for additional briefing on the government's obligations under Rule 16.




Filed 5/19/06
Filed 5/19/06 HTML
GOVERNMENT’S RESPONSE TO DEFENDANT’S SUPPLEMENTAL MEMORANDUM IN SUPPORT OF HIS THIRD MOTION TO COMPEL DISCOVERY




Filed 5/19/06
Filed 5/19/06 HTML
RESPONSE OF I. LEWIS LIBBY TO GOVERNMENT’S RESPONSE TO COURT’S INQUIRY REGARDING NEWS ARTICLES THE GOVERNMENT INTENDS TO OFFER AS EVIDENCE AT TRIAL




Filed 5/24/06
Filed 5/24/06 HTML
Filed 5/24/06 Exhibits Libby Testimony
REPLY TO THE RESPONSE OF I. LEWIS LIBBY TO GOVERNMENT’S RESPONSE TO COURT’S INQUIRY REGARDING NEWS ARTICLES THE GOVERNMENT INTENDS TO OFFER AT TRIAL



Court Order


Filed 6/2/06
Filed 6/2/06 HTML
Order
Court decision on Third Motion to Compel

Analysis Jeralyn Merritt
Analysis Christy Hardin Smith

============================================================

Libby Subpoenas the Media


Filed 1/20/06 Excerpts
Discovery Status Report


Media subpoenaed 3/14/06 (see 4/18/06 and 5/17/06 for actual subpoenas).

Filed 4/18/06
Subpoena to Judith Miller issued 3/14/06



Filed 4/3/06
ORDER
Regarding media seeking to quash or modify subpoenas.



Media Motions to Quash

Filed 4/18/06
MOTION TO QUASH OR MODIFY SUBPOENA TO TIME INC.

Filed 4/18/06
MOTION OF JUDITH MILLER TO QUASH SUBPOENA

In a related development, The Post yesterday was subpoenaed by Libby's defense team to produce records related to the case that the newspaper had not turned over to Fitzgerald. Eric Lieberman, a counsel at The Post, said the newspaper would comply by providing Libby with a complete copy of a memorandum by Assistant Managing Editor Bob Woodward from his interview with Libby on June 27, 2003.
WaPo 4/14/06



Libby Response to Media Motions to Quash

Filed 5/1/06 Part1
Filed 5/1/06 Part2
Filed 5/1/06 29 Exhibits
I. LEWIS LIBBY CONSOLIDATED RESPONSE TO MOTIONS TO QUASH BY NBC NEWS, JUDITH MILLER, ANDREA MITCHELL, MATTHEW COOPER, TIME INC, AND THE NEW YORK TIMES AND MEMORANDUM OF LAW IN SUPPORT


Media Response to Libby subpoenas

Filed 5/8/06 All Media Response in HTML

Filed 5/8/06
REPLY OF JUDITH MILLER IN SUPPORT OF MOTION TO QUASH

Filed 5/8/06
THE NEW YORK TIMES' REPLY TO DEFENDANT I. LEWIS LIBBY'S
RESPONSE TO MOTION OF THE NEW YORK TIMES
TO QUASH LIBBY'S RULE 17(c) SUBPOENA

Filed 5/8/06
REPLY BRIEF OF TIME INC. IN SUPPORT OF ITS
MOTION TO QUASH OR MODIFY

Filed 5/8/06
REPLY OF MATTHEW COOPER IN SUPPORT OF HIS MOTION TO QUASH

Filed 5/8/06
REPLY MEMORANDUM IN SUPPORT OF MOTION OF
NON-PARTIES NBC NEWS AND ANDREA MITCHELL TO QUASH SUBPOENAS





Libby Response

Filed 5/17/06
Libby MOTION TO SUPPLEMENT THE RECORD

Included Media subpoenas of almost every reporter in Washington





Opinion

Filed 5/26/06
Filed 5/26/06 HTLM
Memorandum Opinion

Upon consideration of the papers filed in connection with these motions to quash and the oral arguments heard by the Court on these motions, for the reasons set forth below, Judith Miller’s motion is granted, but all other motions are granted in part and denied in part.

Analysis Marcy Wheeler


Filed 5/26/06
ORDER