Pollyusa

Saturday, September 23, 2006

The Administration

The White House

Excutive Office of the President

Bush
Rove
Ralston
Hernandez
Levine
Card
Hughes

Press Office

Fleischer
McCellan
Bartlett
Buchan

Office of the Vice President

Cheney
Libby
Martin
Addington
Millerwise
Wurmser
Edelman
Matalin

National Security Council

Rice
Hadley
Joseph
Hannah
Shedd
Abrams

The State Department

Powell
Armitage
Wilkerson
Grossman
Fleitz
Bolton
Rohn

The Central Intelligence Agency

George Tenet
Foley
Mclaughlin
Ford
Harlow
Grenier
Schmall
Drumheller
Pravitt

CIA Referral

The Department of Justice

Fitzgerald
Ashcroft
Comey
Gonzales

Sunday, June 25, 2006

The Reporters

Robert Novak
Walter Pincus
Cooper
Miller
Russert
Kessler
Woodward
Viveca Novak
Phelps & Royce

Dickerson
Mitchell
May
Kristof

Plame Legal Documents

Pre-Indictment

Libby Indictment

Post-Indictment / Libby

Tuesday, June 20, 2006

Post Indictment / Libby

Monday, June 19, 2006

Libby Memory Defense

Filed 7/17/06
Unopposed Motion of I. Lewis Libby for Extention of Time in which to Complete Disclosure Concerning Expert Testimony on Memory.

Filed 7/31/06
Motion of I. Lewis Libby to Admit Expert Testimony
Filed 7/31/06 Exhibit A
Letter to Fitzgerald from the defense.

Filed 9/7/06
Html version
GOVERNMENT’S MEMORANDUM IN OPPOSITION TO DEFENDANT’S MOTION TO ADMIT EXPERT TESTIMONY

Filed 9/15/06
Reply of I. Lewis Libby in Support of his Motion to Admit Expert Testimony

Friday, May 26, 2006

Classified Information Procedures Act

Filed 9/21/06
MEMORANDUM OPINION AND ORDER

On September 27, 2006, this Court will commence hearings pursuant to Section 6(a) of the Classified Information Procedures Act (“CIPA”), 18 U.S.C. App. III, § 6(a) (2000), to address the “use, relevance, and admissibility” at trial of certain classified documents, information, and testimony.

This ruling provides guidelines for how the CIPA will be applied.

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

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

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."

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

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

Libby Subpoenas the Media

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 cboldt
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

Exparte

Fitzgerald files Ex Parte

Ex Parte - a legal proceeding brought by one person in the absence of and without representation other parties

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

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

Ex Parte Submissions

Filed 4/5/06
Memorandum Opinion

Filed 4/5/06
ORDER

Filed
Motion for Clarification of the Opinion of April 5, 2006

Filed 5/1/06 HTML cboldt
RESPONSE OF I. LEWIS LIBBY TO GOVERNMENT'S MOTION FOR RECONSIDERATION OF THE OPINION OF APRIL 5, 2006 CONCERNING EX PARTE SUBMISSIONS UNDER CIPA SECTION 4

Filed 5/3/06
Filed 5/3/06 HTML cboldt
Memoranum Opinion

Granting Government Motion for Clarification of the Opinion of April 5, 2006, Concerning Ex Parte Submissions Under CIPA Section 4, or in the Alternative, Motion for Reconsideration, and the defendant’s opposition thereto.

Filed 5/3/06
ORDER

Gag Order

Order 4/13/06
Court may issue gag order

Filed 4/13/06
ORDER
Judge Walton threatens to issue gag order

Filed 4/21/06
DEFENDANT’S RESPONSE TO APRIL 13, 2006 COURT ORDER TO SHOW CAUSE

Filed 4/21/06
GOVERNMENT’S RESPONSE TO RULE TO SHOW CAUSE DATED APRIL 13, 2006

Filed 4/21/06
Fitzgerald Affidavit

Analysis Jeralyn Merritt

Motion to Dismiss

Libby's Motion to Dismiss

Filed 2/23/06
MOTION OF I. LEWIS LIBBY TO DISMISS THE INDICTMENT AND MEMORANDUM IN SUPPORT THEREOF

Filed 3/17/06
Filed 3/17/06 Exhibits-1
Filed 3/17/06 Exhibits-2
GOVERNMENT'S RESPONSE TO DEFENDANT'S MOTION TO DISMISS THE INDICTMENT

Filed 4/27/06
Filed 4/27/06 Order
Memorandum Opinion

Libby's Motion to Dismiss is Denied

Filed 3/31/06
REPLY MEMORANDUM OF LAW IN SUPPORT OF MOTION OF I. LEWIS LIBBY TO DISMISS THE INDICTMENT

Libby's responds to denial of motion to dismiss

Thursday, May 25, 2006

Legal Documents Pre-Indictment

Filed 7/20/04
ORDER
Motions of Russert and Cooper to quash their subpoenas is denied.
This order also refers to an exparte Fitzgerald filing.

Filed 7/20/04
Subpoena TIME
Requesting production of notes, tape recordings, e-mails or other documents of Cooper’s relating to articles he had contributed to or written.

Filed 7/20/04
Motion of Matthew Cooper and Time Inc. to Quash Subpoena and/or for Protective Order
See 11/20/04 Memorandum Opinion

Filed 8/6/04
Denial of Cooper and TIME motion to quash
See 11/20/04 Memorandum Opinion

Filed 8/9/04
Cooper and TIME held in Contempt
See 11/20/04 Memorandum Opinion

Deposition 8/23/04
Cooper deposition and TIME released documents
See 11/20/04 Memorandum Opinion

Filed 8/27/04
Fitzgerald Affidavit
Released 3/3/06 after FOI request

Analysis Marcy Wheeler

Filed 9/9/04
MEMORANDUM OPINION
Court’s September 9, 2004 Memorandum Opinion in the case Misc. No. 04-407
See 11/20/04 Memorandum Opinion
This case number (Misc. No. 04-407) also appears in the 8/27/03 Fitzgerald affidavit along with Misc. No. 04-406. The Fitzgerald Affidavit refers to Miller and redacted. Pincus or Novak are possiblities for redacted

9/13/04 Subpoena
Cooper and TIME / These subpoenas requested testimony and documents from Mr. Cooper and documents from Time regarding conversations between Cooper and official sources prior to July 14, 2003 regarding former Ambassador Joseph Wilson, his 2002 trip to Niger, his wife Valerie Plame, and/or any affiliation between his wife Valerie Plame and the CIA.
See 11/20/04 Memorandum Opinion

Filed 11/20/04
MEMORANDUM OPINION
Cooper and TIME motion to quash is denied

Decided February 15, 2005
IN RE: GRAND JURY SUBPOENA, JUDITH MILLER

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

Correspondence regarding Miller's waiver September 2005

Dated 9/12/05
Re: Special Counsel Investigation

Fitzgerald letter to Libby's lawyer Tate
Excerpt:
Mr. Libby has discussed a meeting with Ms. Miller on July 8, 2003, at the St. Regis Hotel and a later conversation between Mr. Libby and Ms. Miller by telephone in the late afternoon on July 13, 2003.

Excerpt:
In closing, let me be clear that I cannot, and am not, seeking to compel a communication from either Ms. Miller or Mr. Libby or their respective counsel, nor do I wish to be copied on any such correspondence or to participate in any such conversation.

Dated 9/15/05
Libby letter to Miller (Aspen Reference)

Dated 9/16/03
Tate response to 9/12/03 Fitzgerard letter

Dated 9/29/05
Floyd Abrams (Miller's lawyer) Letter to Tate regarding Miller waiver

Excerpt:
He also repeats your assertion that I "assured" you that that Ms. Miller's stand was "unrelated to" Mr. Libby and there was "nothing more" you ot Mr, Libby could do. That statement is also incorrect. I assured you of no such thing.

Analysis Waas / Interviewed Abrams
Analysis Jeralyn Merritt

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

Russert response / Maguire

Analysis Tom Maguire