Second Thoughts: Maybe It’s Not So Lame 0
Hmmmm. Maybe I was too quick to react in the previous post.
Maybe the current Federal Administration is laying the groundwork for the defense predicted by Alan Dershowitz:
So here’s my prediction about how the Scooter Libby case will go down. His two new lawyers (both of whom are tough, experienced and first rate) will demand every bit of classified information arguably relevant to his defense. The independent prosecutor will seek to turn the material over, because he knows that unless they are turned over, the judge may well dismiss the charges.
But the intelligence agencies will veto the independent prosecutor’s decision, claiming that disclosure of the requested classified material would endanger national security.
This would certainly be consistent with Rovian conduct: suddenly discovering ethical behavior when it becomes convenient.
Steven Kaus suspects that Patrick Fitzgerald may have anticipated such a tactic:
Alan Dershowitz has posted a defense plan for Scooter Libby that seems like such a winner that it is hard to believe that Fizgerald does not have some plan to counter it. Libby will insist that classified documents are needed for his defense, have the governmental entity refuse to provide them and then claim that the charges must be dismissed because he has been denied the right to present a defense.
After all, this is not Gitmo!
