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Libby judge rejects government bid to exclude classified evidence

[JURIST] A federal judge ruled [PDF text] Thursday that all evidence relevant to the CIA leak case [JURIST news archive] against former vice-presidential aide I. Lewis "Scooter" Libby [defense profile] should be considered for admission, despite government concerns about confidentiality. Attorneys for the government had suggested a three-part test for potential evidence which would allow classified information to be admitted only if its benefit to Libby's defense outweighed the government's need to maintain confidentiality. US District Judge Reggie Walton [official profile] disagreed, however, saying that once he decides if the evidence is relevant, prosecutors can then suggest that certain parts be redacted or summarized.

Prosecutors have alleged that Libby is committing "graymail" [Wikipedia backgrounder] - attempting to sabotage the case by pushing for the release of government secrets. Libby claims he is interested in the information, which includes daily intelligence memos of US Vice-President Dick Cheney [official profile], to show he was preoccupied with other things during the time Valerie Plame's identity was leaked, so that he truthfully could not recall his conversations with the media. Libby has pleaded not guilty [JURIST report] to obstruction of justice and perjury charges [JURIST report] in connection with the government's investigation into the leak. AP has more.

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