Judge: Reporters Must Give Libby Documents

In news that's sure to have reporters upset, Judge Reggie B. Walton "ordered Time magazine to turn over documents for a White House aide to use in his defense to perjury and other charges in the CIA leak case." Here's more of his ruling:

The order by U.S. District Reggie B. Walton also said the NY Times might have to turn over some information but reduced the scope of documents the newspaper and other news organizations would have to provide to lawyers for the defendant, former top vice presidential aide I. Lewis "Scooter" Libby.

Citing a lack of relevancy, Walton said that Judith Miller, a former Times reporter, doesn't have to provide two notebooks, her phone records or appointment calendars to lawyers for Libby, Vice President Dick Cheney's former chief of staff. Walton also said NBC News does not have to provide Libby's defense team with one page of undated notes taken by correspondent Andrea Mitchell because she is unlikely to testify at Libby's perjury trial, which is set for January.

In granting in part and denying in part Libby's subpoenas for the media's records, Walton ruled that reporters do not have a right to refuse to provide notes, drafts of articles or other information in a criminal case. "The First Amendment does not protect a news reporter or that reporter's news organization from producing documents...in a criminal case," Walton wrote in a 40-page ruling. Walton said Time magazine must provide Libby's lawyers with drafts of first-person stories that reporter Matthew Cooper wrote about his conversations with Libby because the judge said he noticed inconsistencies between them.

This is going to get mighty interesting by the time this goes to trial.



Posted Friday, May 26, 2006 3:14 PM

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