"Judge Reggie Walton seemed skeptical about a second request by the defense that it also be given highly classified documents known as the President's Daily Brief for a similar period. The judge deferred a final ruling on that request, which Libby's defense team says is essential in demonstrating that he was busy with other national security matters at the time of the Plame leak.grrrrrrr.
[snip]
A strategy to 'sabotage' case?
Defense lawyers have said that if Libby's statements to investigators were untrue, it was a case of innocent confusion or faulty memory because of his preoccupation with pressing national security matters at the time.
Walton said he is concerned that Libby’s request could “sabotage” the case because President Bush probably would invoke executive privilege and refuse to turn over the classified reports.
“The vice president — his boss — said these are the family jewels,” the judge said, referring to Cheney’s past description of the daily briefings. “If the executive branch says, 'This is too important to the welfare of the nation and we’re not going to comply,’ the criminal prosecution goes away.”"
of course, walton used to work with cheney and libby and poppy bush, and keeps getting allocated to sibel's cases
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